MD Online Access Terms and Conditions

Service Fees

By using the Services, you acknowledge, for each Account, that there may be charges for the use of the Services and you agree to accept responsibility for any charges incurred for the use of the Services. View the Schedule of Fees and Commissions.

Updates to Terms and Conditions

We can change the terms and conditions governing the use of the Services at any time. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

Changes to the Services

We may modify any or all of the Services at any time. We will advise you of any changes by notice in writing or via the Internet. You also agree that the Services may periodically be unavailable to you in order to allow for maintenance and updates. Your continued access or use of the Site will mean that you agree to any changes to the Services.

Eligibility for Access to the Service

The services of MD Private Investment Counsel are available only to residents of Canada. The services of MD Management, are available to Clients residing in Canada on a full access basis, and to Clients residing outside of Canada on a self-directed (non-advice) basis. Based on these restrictions, you acknowledge that the Services may be delayed or impeded if, at any time, you are permanently resident in or temporarily present in any country other than Canada.

This communication does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.

Your Responsibilities: Protective Measures

To safeguard against unauthorized access to the personal information you have with us, you are required to 'log-on' using a username and password. We assume any person who uses your username and password is you. If you are unable to provide the correct password, you will not be able to access the Service. To protect your online activities, our systems are designed to automatically terminate if extended inactivity is detected. If your session is terminated, you will be required to sign-on again to continue using the service.

You agree to keep your Password(s) confidential, not to disclose your Password(s) to any other person and keep it separate from any other information which you will receive or which you already possess concerning the Services. Keep your username and password in a safe place and do not use computers in public locations where others may monitor your typing. If you suspect that someone has learned either your username or your password, you should immediately change your password. You agree to notify us if you suspect or are concerned about unauthorized use of your password. MD will not be responsible for the unauthorized use of the Services by any other person.

You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.

Unauthorized Access

You agree that you will not attempt to enter restricted areas of our computer system or the computer system of any entity related to or affiliated with us or perform functions which you are not authorized to perform pursuant to this Agreement. We may, without notice, temporarily suspend your access to the Services by deactivating your Password(s) if we reasonably suspect that you are using our computer system to obtain unauthorized access to our other systems or information or in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of the suspected activity. We may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Accuracy of Information

The information provided on the Site and through this Service is read only information and is for informational purposes only. Although we believe this information to be correct, and attempt to keep content on Site current, we do not warrant the accuracy or completeness of any information on the Site. MD Financial Management Inc. and its affiliates, officers, directors, employees or agents provide the Site and the Information on an "as is, where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. Further, we do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

Secure Messaging

Secure Messaging allows for confidential messaging, including the submission of account documentation, between you and your MD advisor only. The service does not allow you to leave or transmit any transaction requests related to your MD Management or MD Private Investment Counsel Account(s). Any transaction requests you submit through Secure Messaging will not be acted upon. If you wish to submit a transaction request related to your MD Management Accounts, please input directly into the system using the “Trades” application online, contact the MD TradeCentre at 1 800-267-2332 or contact your MD advisor by telephone. If you wish to submit a transaction request related to your MD Private Investment Counsel Accounts, please contact your MD Portfolio Manager by telephone. Any unprotected E-mail communication is subject to possible interception or loss and may be subject to third party alteration. MD Financial Management Inc. assumes no liability for loss relating to a breach of confidentiality or resulting from unauthorized access by third parties to electronic files.

Privacy and Your Personal Information

"Personal Information" is information that refers to you specifically and that reveals a distinctive trait or traits about you that may help others identify you. When you deal with us in an online environment we will collect certain information including personal information, based on the amount of information you have provided. More specifically,

• As a first time user and where you have no account s with MD, you may register to use the online tool which would provide you with some basic functionality such as MD’s online cash flow calculator. When you register, MD will collect your first and last name, email and password in order to provide you with secure access to the tool.
• If you are a user that holds an MD account, you may also choose to take advantage of MD’s secure messaging tool in order to correspond with your Financial Consultant. Additional information would be collected at this time which would include your Shareholder ID and/or account number.
• Lastly, if you are a user that holds more than one account with MD, you may choose to have your accounts linked so that you can view them all online. When you choose to use this service, you will be asked to provide additional personal information which would include your date of birth and your social insurance number.

Your personal information will only be used for authentication and registration purposes and will not be used for marketing or advertising purposes. Information may be used in aggregate in order to improve our services to you.

When accessing Services, you agree that all personal information that you provide to us is complete and true. Your telephone number and Internet e-mail address that you provide to us will be used to reach out to you to discuss any Information Request and/or Order Request that you may submit to us using the Services. You also agree to advise us of any change(s) in your Personal Information, including your contact telephone number(s) as soon as the change(s) occur to ensure your information remains accurate and to ensure your Services are not impacted.

We only use your personal information for the purposes that we have disclosed to you. If for any reason your personal information is required to fulfill a different purpose, we will notify you and ask you for your consent before we proceed. For more information about how we deal with your information online or for a complete list of our privacy commitments, please see our MD Privacy Policy and Online Privacy Policy.

Security

Our interactive services use Secure Socket Layer (SSL) and 256 bit encryption technology to enhance security when you visit the secured areas of our Website. SSL is the industry standard tool for protecting and maintaining the security of message transmissions over the Internet. When you access your accounts or send information from secured sites, encryption will scramble Client Information into an unreadable format to inhibit unauthorized access by others.

Please refer to our MD Online Security Policy for further information.

Transaction Requests

This section only applies to your MD Management (MDM) Accounts. Online access to any MD Private Investment Counsel (MDPIC) Accounts you may have is strictly read-only access and transactions cannot be processed or requested through the Service.

You hereby authorize us to accept all Transaction Requests, for your account using the services and you agree to be solely responsible for the accuracy of any instructions given by you using an access device. All Transaction Requests are subject to verification and acceptance by us. You agree that all Transaction Requests will only be processed if your MDM account is in good order and you have sufficient funds to complete the transaction ordered. We will not verify whether there are sufficient funds from an account held outside of MD to complete the transaction ordered prior to processing. You are responsible for any penalties or fees associated with the transaction levied by the transferring institution. You understand that execution of any order request is subject to our prior approval. In certain circumstances we may request additional confirmation of any order request before execution of same, however, we may, at our sole discretion, act upon all instructions given or purported to be given by you or on your behalf in respect to an order request and we shall not incur any liability by reason of our acting or our failure to act on such Transaction Request. You acknowledge that we may record all order requests from you made pursuant to the services.

Performance Data

Performance data represents past performance and is not necessarily indicative of future performance. Unit/share values, yields and investment returns will fluctuate. Important information about the MDPIM Pools and MD Funds are contained in the simplified prospectus. Please read it carefully before investing.

Rate of Return

The rate of return is used only to illustrate the effects of the compound growth rate and is not intended to reflect future values of the mutual fund or returns on investment in the mutual fund. Commissions, trailing commissions, management fees and expenses all may be associated with mutual fund investments. Please read the simplified prospectus before investing. The rate of return calculation is based on the closing values of the investments in your account. It includes reinvested distributions and changes in market value. We believe the sources of our information to be reliable at the time of publishing, however we cannot ensure timeliness or accuracy of the associated rate of return.

Securities Information

As it relates to information provided by Suppliers, you agree, that when you access this information that:

1. Neither MD, Suppliers their affiliates nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through the Service, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages;
2. MD Suppliers , and their affiliates have exclusive proprietary rights in any information and software received;
3. You shall not use or permit anyone to use the information or software provided through the Service for any unlawful or unauthorized purpose;
4. You are not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software;
5. Access to information licensed from Suppliers is subject to termination in the event that any agreement between the specific MD Financial Management entity and a provider of information or software distributed through the Service is terminated in accordance with its terms.

Liability

In no event will MD be liable to you or to others for any damages, direct, indirect, consequential or special, including without limitation, all losses, costs, expenses, loss of profits, loss of business revenue or failure to realize expected savings arising from or out of the existence, furnishing or functioning of the services as provided for in this agreement, even if we have knowledge of the possibility of same.

No waiver by us of any breach of any provision or condition of this Agreement shall be deemed a waiver of any other breach of such provision or any similar or other provision or condition of this Agreement.

The conditions, rules and regulations set forth in any manuals, materials, documents or instructions relating to this Agreement form part of this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any claims arising from the use of the Site shall be heard in a court or tribunal in Canada.

Notices arising hereunder may be hand delivered, sent by facsimile message or sent by e-mail. If sent by facsimile or by e-mail, notice shall be deemed to have been received upon transmission.

This Agreement shall be binding upon the respective successors and permitted assigns of the parties hereto.

You agree that you may not assign the rights and obligations hereunder or in respect of the Services, without our prior written consent.

If any provision or condition of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remainder of the Agreement shall not be affected and the Agreement shall be carried out as if such invalid or unenforceable provision were not contained therein.

This Agreement has been drafted in the English language at the express request of the parties. Les parties ont exigé que le présent contrat soit rédigé en anglais.

No Liability for Advice

The information provided on the Site is for informational purposes only and is not intended to provide specific financial, tax, legal or accounting advice and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional.

No Liability for Use

MD Financial Management Inc. and its affiliates and related entities are not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the Site or the Information, or any action or decision made by you in reliance on the Site or the Information, or any unauthorized use or reproduction of the Site or the Information, even if we have been advised of the possibility of these damages.

Use of Software and Systems

The software and Data of ours and of each Supplier is protected by copyright and that each of us and them reserves all proprietary and intellectual property rights therein. You shall not reproduce, retransmit, disseminate, sell, rent, distribute, publish, broadcast, circulate or commercially exploit the software or Data or any other information provided through the Services in any manner or furnish it to any other person without our prior written consent and the consent of any relevant Supplier. You shall use the software and Data accessible through the Site to access your accounts online and the Services only for your individual use and you shall indemnify and hold harmless us and each Supplier from any liabilities or losses incurred as a result of your breach of the foregoing provisions or other misuse of the software or Data. You agree that this agreement confers certain rights on the Suppliers which may be enforced against you by them by legal proceedings or other appropriate means.

If a Service such a calculator tool, is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.

You may not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

You agree that neither we nor the Suppliers will be liable for any loss or damage resulting from any cause over which neither we nor the Suppliers have control, including but not limited to, the act or omission of the other, failure of electronic or mechanical equipment or communication lines, telephone or other inter-connect problems, unauthorized access, theft, power failure, labour dispute or government intervention.

Neither MD Financial Management nor the Suppliers make or are liable for any representation, warranty or condition, whether express or implied, concerning the Services, the Data or the use thereof including, without limitation, that:

1. the Services or the Data will meet your needs, or that the Services or Data will be available for use at any particular time or for any particular purpose or will be error free; or
2. the Data is up-to-date, accurate, in sequence, reliable, complete or suitable for any purpose. Without limiting the foregoing, all express or implied, direct or indirect, representations, warranties and conditions 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 particular purpose are excluded.

Trade-mark and Copyright Issues

Certain names, words, titles, phrases, logos, icons, graphics or designs on this Site may constitute trade names, trade-marks or service marks of MD Financial Management Inc., The Bank of Nova Scotia or entities related or affiliated therewith, the use of which may have been licensed among them. The display of trade-marks on this Site does not imply that a license of any kind has been granted to anyone else. Other marks are trade-marks of other companies, which trade-marks MD Financial Management Inc. or its related and affiliated entities are licensed to use in advertising selected products and services. Certain other names, logos, designs, titles and words are trade-marks and trade names of entities other than MD Financial Management Inc. and its related entities and affiliates, which may be registered in certain jurisdictions. All information found on this Site is protected under the copyright laws of Canada and in other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce and republish, in any form, any information found on this Site.

Third Party Endorsement

No endorsement of any third party products or services is expressed or implied by any information, material or content referred to, or included on, or linked from or to this Site.

Links

This Site may contain links to other web sites that are provided for convenience only. Any such other web sites are independent from this Site. Neither MD Financial Management Inc. nor its affiliates or subsidiaries assume any responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites and when you access such sites you do so at your own risk. The provision of any such link does not constitute an endorsement by MD Financial Management Inc. or its affiliates or subsidiaries of the other web site.