Privacy and safety policies.
1. USE AND RESTRICTIONS.
The user will have the right to use the Portal’s Services and Contents. “Services and Contents” means: (i) all the services that any of GRUPO FINANCIERO SCOTIABANK INVERLAT entities -henceforth called “EL GRUPO”-, give to the user through the Portal, and (ii) all information contained in the Portal, including any text, program, photograph, image and multimedia. “EL GRUPO” will have the right to deny, restrict or condition the user’s partial or total access to the portal at its full discretion, as well as to modify the Portal’s Services and Contents at any time and without needing to give prior notice. The user acknowledges that the services “EL GRUPO” provides and the goods and services provided by the third parties that have links to the Portal may be limited to certain users located at certain geographical zones, thus neither “EL GRUPO” nor said third parties guarantee availability of such to the user.
2. INTELECTUAL PROPERTY.
The intelectual property rights of the Portal’s Services and Contents and the distinctive symbols and web domains, as well as the use-rights and exploitation of such, including disclosure, publication, reproduction, distribution and transformation, are the exclusive property of such information distributors by “EL GRUPO” channels. The user does not acquire any rights by the simple fact of using the Portal’s Services and Contents and at no time will this be considered as an authorization or licence to make use of the Services or Contents for purposes other than the ones considered in the present Use and Privacy Terms and Conditions.
3. THIRD PARTIES INTELECTUAL PROPERTY.
The user agrees that the provisions established in the subsection 2 above about the different information distributors’ ownership rights which provide various Entities from this portal through “EL GRUPO”, are also applicable to third parties’ rights about the services and contents of pages linked to the Portal.
4. ALLOWED USES.
The best use of the Portal’s Services and Contents is the user’s sole responsibility, who, in any event, will have to make use of them according to allowed functionalities at the Portal and authorized uses in the present Use and Privacy Terms and Conditions, thus, the user agrees to use them in such a manner which does not threaten the regulations of use and coexistence at the Internet’s world net and at any of the Mexican United States laws and the valid legislation in the country the user is at when he/she uses them, nor the good habits, people’s dignity and third parties rights. The Portal is for personal and users’ use, thus it can not in any way commercialize its Services and Contents.
The user will not be allowed to place hyperlinks from the Portal or at the Portal, nor will he/she have the right to place or use the Portal’s Services and Contents in his/her own or third parties’ web sites or pages, without prior and written authorization from “EL GRUPO”. Also, the user does not have the right to limit or prevent any other user from using the Portal.
6. SERVICES AND CONTENTS QUALITY.
Neither "EL GRUPO", nor its suppliers or commercial partners will be held responsible for any damage the user has as a result of the inaccuracies, misprints and changes periodically performed on the Services and Contents. Recommendations and advice obtained through the Portal are of a general nature, thus they cannot be taken into account when making personal or business decisions, which frees “EL GRUPO” of any responsibility in relation to this. For that purpose, a professional should be consulted according to specific needs.
7. GOODS AND SERVICES OF LINKED THIRD PARTIES.
"EL GRUPO" is not and cannot be considered as the good and/or services provider offered at the site. In case there were links to other sites at this one site, it does not imply approval, backup, sponsorship, recommendation or guarantee by “EL GRUPO”, of the services and goods commercialized in such sites, nor the contents of said web pages. There is no work relationship, partnership or association between “EL GRUPO” and such third parties. All consultancy, advice, statement, information and contents from third parties’ web pages that are linked to this portal represent such third parties’ opinions; consequently, “EL GRUPO” will not be held responsible for any damage the user has as a result, including, in an expository but not limited manner, damages caused by the loss of data or programs.
"EL GRUPO" guarantees the safety of the information transmitted between the user and the Portal. The safety of the information transmitted between the user and third parties’ pages linked to the Portal will be such third parties’ sole responsibility as well as the user’s. Also, all information transmitted through third parties –such as on-line information-, will be sole responsibility of the third parties who are transmitting it to the user by “EL GRUPO” channels, for which in the terms and conditions established in the brokerage intermediation amending agreements this portal’s user holds him/herself responsible for such information.
"EL GRUPO" undertakes to keep all the information the user receives as confidential, exclusively as long as it is obtained in the terms of article 25 of the Stock Market Law or in the terms of any other legal provision applicable from the Mexican United States. “EL GRUPO” does not assume any obligation to keep as confidential any other information the user provides it with, either when subscribing to the Portal or at any subsequent moment, including the information the user provides through bulletins, slates or on-line chats, as well as the information “EL GRUPO” obtains through the Cookies described in paragraph 11.
10. NON-CONFIDENTIAL INFORMATION USE.
By using the Portal, the user authorizes “EL GRUPO” to use, publish, reproduce, disclose, publicly convey and transmit the non-confidential information, in the established terms in article 109 from the Copyright Federal Law and in fraction I from the 76 bis article from the Consumer Protection Federal Law.
The user who has access to the Portal, agrees to receive the cookies transmitted by “EL GRUPO” servers. “Cookie” means a data file stored in the user’s computer’s hard drive when he/she has access to the Portal. The Cookies may carry information such as the identification provided by the user or information to track the pages the user has visited. A Cookie can not scan the user’s hard drive’s data or information nor can it scan the Cookies created by other web sites or pages.
12. ACCESS CODES AND CONFIDENTIAL NUMBERS.
The user is, at all times, the sole and final individual responsible of keeping secret his/her account’s number, personal passwords, access codes and confidential numbers which with he/she has access to the Portal’s Services and Contents, as well as to third parties’ web pages.
"EL GRUPO" has the right to modify at any moment the Use and Privacy Terms and Conditions by a simple publication of the new Use and Privacy Terms and Conditions, on the understanding that in case the user does not agree with such amendments, he/she will have to refrain from having access to the Portal.
14. BROKERAGE INTERMEDIATION CONTRACT.
Clients who have signed a brokerage intermediation contract with “EL GRUPO”, state that transactions made under the use and privacy terms and conditions are their sole responsibility, since he/she acknowledges that: (i) he/she knows and is aware of the risks associated to each one of the stocks transactions foreseen in the contract; (ii) That the information he/she may look up at Scotiatrade’s site’s page in the Internet does not constitute nor is it considered as a unilateral declaration of intent, nor does it offer to sell or buy, nor is it considered as expressed or implicit recommendations to the client by “EL GRUPO”, its members or the individuals who provide the information in order to perform specific transactions, thus, use of the information from the client and any investment decision will be under the client’s sole responsibility; (iii) That he/she will not receive any recommendation, suggestion or invitation whatsoever by “EL GRUPO” or its members in order to acquire a specific stock or perform a specific transaction and, in case he/she got to receive any recommendation, invitation or suggestion, the use given to it will be his/her sole responsibility; (iv) That “EL GRUPO” does not guarantee the stocks’ benefits of the brokerage intermediation subject-matter; (v) That “EL GRUPO” does not assume any obligation to guarantee any yields, nor does it take responsibility for the losses he/she may have as consequence of the transactions made at the present use and privacy terms and conditions and the brokerage intermediation contract; (vi) That, due to the nature of the investments in the stock market and which are the subject of these use and privacy terms and conditions and of the brokerage intermediation contract, even those performed on stocks from investment companies, it will not be possible to ensure any yields or to guarantee different rates other from the ones the issuers are undertaken to meet, thus, his/her investments will be subject to gains or losses, due in general, to the market’s fluctuations.
Both parts state under penalty of perjury:
(i) That in order to send communications between the parties for the operation of the stocks subject of the mentioned brokerage intermediation contract, as well as in order to look up the financial information and the mentioned stocks position, the parties agree the use of electronic and/or computer means on the present contract terms, and according to what it is declared in fraction v, article 91 from the stock-market law. (ii) That in order to be able to provide the client with the service subject of the present use and privacy terms and conditions, “EL GRUPO” has developed different computer systems and programs (which henceforth will be jointly designated as Scotiatrade) through which the client will be able to transmit stock transactions instructions to the other, as well as to be able to look up the information related to his/her brokerage intermediation contract, and have access to the financial information provided by “EL GRUPO”.
15. APPLICABLE LAWS AND JURISDICTION.
For the interpretation, compliance and execution of the present Contract, the parties agree that the Federal laws from the Mexican United States will be applicable as well as jurisdiction from the courts of law from Mexico City, and they expressly waive any other court or jurisdiction that may correspond to them due to their current or future addresses.