Terms & Conditions of Use
When you logon to the ING Bank (Australia) Limited ABN 24 000 893 292 (“ING DIRECT ”) website for introducers http://introducer.ingdirect.com.au hereinafter referred to as “the site”, you are agreeing to be bound by the following terms and conditions of use. Please ensure you understand them before you use this site.
- User acknowledgment - You guarantee and warrant that you are authorised by the introducer organisation you work for to bind that organisation to these terms and conditions of use as though references to “you” include references to your organisation (unless the context requires otherwise).
- Security – To maintain security you must keep your 6 digit Access Code and Introducer Number confidential and never store them together. You must not keep your Access Code or Introducer Number in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person other than you. Your Access Code must be changed on a regular basis to maintain confidentiality. Access to the site will be given on the correct entry of a Introducer Number and Access Code. Once access is granted, any action by that person will be taken to be made with the authority of the Introducer and ING DIRECT may carry out that request. You must immediately notify ING DIRECT if you know that your Access Code has been compromised or become known to a third party, or if you know of any unauthorised use of your Access Code. In these circumstances you must immediately change your Access Code.
- Indemnity – You agree to indemnify ING DIRECT and all other users of the site against any claim, loss, cost, damage, action or expense which ING DIRECT or any other user may experience arising from your use of the site, your failure to keep your Access Code confidential, the use of this site by any person on your behalf or the use of your Access Code by any other person, including any use not approved or contemplated by you.
- No warranty - Except where expressly stated otherwise, ING DIRECT makes no warranties or guarantees in relation to the site. All terms implied by law, except those that cannot be lawfully excluded, are excluded. ING DIRECT does not represent or guarantee that the site will be free from errors or viruses. ING DIRECT does not represent or guarantee that access to the site will be uninterrupted. You acknowledge that the site may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including without limitation, technical difficulties with the performance or operation of ING DIRECT's or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
- Liability of ING DIRECT – ING DIRECT will take reasonable commercial steps to ensure the information provided by the site is accurate and current. To the extent permitted by law, ING DIRECT will not be liable for any loss, damage, liability, claim or expense whatsoever, whether in contract, tort including negligence, statute or otherwise, arising out of or referable to use of the site, including out of:
- any omission, error or inaccuracy in information provided in the site;
- any unauthorised access to information in the site (including your customer details); or
- the unavailability of the site or the failure to perform in whole or in part, any function in the site.
Where any term or condition imposing liability is implied through the operation of any law, and that term or condition cannot be excluded, ING DIRECT ’s liability under that term or condition will be limited (in ING DIRECT ’s discretion) to the resupply of the services or facilities provided, or the cost of having such services or facilities resupplied.
- Changes to the site – ING DIRECT reserves the right to change, remove or add to the information provided by the site and to limit access or cease providing information on the site.
- Change of Conditions – ING DIRECT reserves the right to change the terms and conditions of use for the site without prior written notification.
- Denial of Access – ING DIRECT reserves its discretion to withdraw, suspend, terminate or deny access to the site and/or particular customer details at any time without prior notice to you, and, in addition, may cancel your Access Code, including where:
- you fail to keep your Access Code and Introducer Number secure;
- you use the site in contravention of the law;
- you act fraudulently, or ING DIRECT reasonably considers that your conduct could be fraudulent;
- you breach these terms and conditions of use; or
- in our opinion, there are concerns regarding security or unauthorised access.
The withdrawal, suspension, termination or denial of the site does not affect the conditions in these terms and conditions of use including relating to your obligations to indemnify ING DIRECT and limitations on ING DIRECT ’s liability.
- Internet Access – While ING DIRECT has put in place certain security systems on its internet site, it is unable to guarantee in all circumstances that the site or the information contained on the site will not be subject to unauthorised access. To the extent permitted by law, ING DIRECT will not be liable for any loss, damage, claims, expenses arising from unauthorised access to the site or the information (including customer records) retained on the site.
- Availability of site - You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct your business or transaction by other means should the site be unavailable.
- Links - The site may contain links to websites operated by third parties. ING DIRECT does not sponsor, endorse, or approve of the operators of linked websites, or any material which may be found at linked websites. Subject to any applicable law which cannot be excluded, ING DIRECT makes no warranties or representations regarding the content of linked websites or any products or services available through linked websites. You must not establish any link to the site without express written permission of ING DIRECT.
- Copyright and trade marks - Copyright in material comprising the site is owned or licensed by ING DIRECT unless indicated otherwise. All rights are reserved. “ING DIRECT ” and all associated trade marks, are trademarks of ING Groep N.V. or its related bodies corporate. You must not use any material comprising the Site other than in accordance with the express permission of ING DIRECT or the relevant copyright or trade mark owners.
- Restricted access – You represent and warrant that you are an Australian resident aged 18 years or over.
- Governing law – These terms and conditions of use are governed by the law of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
Version – 1.0
Date of publication – 27 November 2003