Legal

Terms & Conditions Of Use

  1. Access – Your access to the ING DIRECT Adviser Portal under the sub-domain adviser.ingdirect.com.au (‘Portal’) is subject to these Terms and Conditions of Use. By accessing, viewing or otherwise using the Portal, you agree to be subject to these Terms and Conditions of Use. The Portal is made available by ING Bank (Australia) Limited ABN 24 000 893 292 (‘ING DIRECT’) for use by financial advisers (referred to as "you" in these Terms & Conditions of Use) approved by ING DIRECT to view account details, including but not limited to transaction history and account balance, of ING DIRECT deposit products held by your customers (‘Customers’).
  2. Authorised users - Access to and use of the Portal is restricted to financial advisers approved by ING DIRECT from time to time. You must provide ING DIRECT with all information and proof of identity documentation reasonably required by ING DIRECT from time to time to gain access to, or to have continued access to, the Portal. You must notify ING DIRECT immediately if you become aware that you cease to meet any eligibility criteria that ING DIRECT has in relation to the use the Portal. You may only use the Portal to perform activities for a Customer that you have been authorised in writing to perform by that Customer. You must provide ING DIRECT with evidence of any such authorisation as requested by ING DIRECT from time to time.
  3. Security - To maintain the security of details of Customers you must not disclose your username and/or your password to any other person or record them in any manner that would indicate to any other person that it is your username or password. You must immediately notify ING DIRECT if you know that your username and/or password have been compromised or become known to any other person. You must comply with any reasonable security or operational procedures that ING DIRECT requires you to follow in relation to the use of, or access to, the Portal. ING DIRECT may communicate any such new or varied procedures to you by displaying the procedures on the Portal or by any other means we consider reasonable.
  4. No warranty - Except where expressly stated otherwise, ING DIRECT makes no representation or guarantees in relation to your access to the Portal or the information on the Portal (including information about your Customers). All terms implied by law, except those that cannot be lawfully excluded, are excluded to the full extent that they can be lawfully excluded. ING DIRECT does not represent or guarantee that the Portal will be free from errors, viruses or security breaches, or that access to the Portal will be uninterrupted. You acknowledge that the Portal 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.
  5. Liability of ING DIRECT – ING DIRECT will take reasonable commercial steps to ensure the information provided on the Portal 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 the use of the Portal, including in connection with: These Terms and Conditions of Use do not limit any rights a person may have under the Competition and Consumer Act 2010 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth). 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 re-supply of the services or facilities provided, or the cost of having such services or facilities re-supplied.
  6. Changes to the Portal – ING DIRECT reserves the right to change, remove or add to the information provided on the Portal and to limit access or cease providing information on the Portal at any time and without notice.
  7. Change of Conditions – ING DIRECT reserves the right to change these Terms and Conditions of Use for any reason without prior written notice to you. Any subsequent access to, or use by you of the Portal will constitute an acceptance of the revised Terms and Conditions of Use.
  8. Denial of Access – ING DIRECT reserves its discretion to withdraw, suspend, terminate, modify or deny access to the Portal and/or particular Customer details or any other content on the Portal at any time without prior notice to you, including where: The withdrawal, suspension, termination, modification or denial of access to the Portal does not affect the conditions in these Terms and Conditions of Use including relating to your obligations to indemnify ING DIRECT and any limitations on ING DIRECT’s liability.
  9. Internet Access – While ING DIRECT has implemented certain security systems to the Portal, it is unable to guarantee in all circumstances that the Portal or the information contained on the Portal 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 Portal or the information (including Customer records) retained on the Portal.
  10. Availability of Portal - You are responsible for ensuring that you have alternate contingency plans in place to enable you to conduct your business by other means should the Portal be unavailable.
  11. Monitoring – ING DIRECT may, but is not required to, monitor any use of the Portal. ING DIRECT may record Portal activity and retain content and audit trails.
  12. Links - The Portal 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 that may be found at linked websites. Subject to any applicable law that 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 Portal without express written permission of ING DIRECT.
  13. Copyright and trademarks - Copyright in material comprising the Portal is owned or licensed by ING DIRECT unless indicated otherwise. All rights are reserved.
  14. Unauthorised use - When you use the Portal, we grant you a limited licence to display on your computer, print, download and use the underlying HTML, text, hyperlinks, information, content and transaction facilities made available on the Portal for use in consulting with your Customers. With the exception of standard web browser applications and related software, and other applications expressly approved by ING DIRECT in writing, you agree not to use any software, program, application, or any other device to access or log on to ING DIRECT’s computer systems or servers or the Portal or to obtain, download, transfer or transmit any content to or from ING DIRECT’s computer systems or the Portal. You agree that you will not:
  15. Complaint handling – If a Customer makes a complaint in relation to ING DIRECT, an ING DIRECT deposit product, your conduct or in relation to the referral of applications for ING DIRECT deposit products from the Customer to ING DIRECT, you must not attempt to handle the complaint yourself, but rather you must within one business day of the complaint being made to you:
  16. Privacy and confidentiality – You must protect the privacy and confidentiality of any personal, confidential or sensitive information available to you through the Portal. This includes taking steps such as:
  17. Jurisdiction - The products and services described on the Portal are available only to Australian residents. Applications on behalf of people other than Australian residents will not be accepted. This notice and the information in this Portal and all matters relating to either are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia.