Terms and Conditions
When you register for or use the Online Service provided by ING, you are agreeing to be bound by the following terms and conditions of use and the terms set out in ING Personal Data Protection Policy and Practices. Please ensure you understand them before you register for or use the Site.
1. Security
ING will send you a Login Name and Password for accessing your nominee account using the Online Service. To maintain security you must keep your Login Name and Password secure and confidential and store them separately at all times. You must not disclose your Login Name and Password to any other person. Your Password should be changed on a regular basis to maintain confidentiality. In the interest of security, you should not select a Password which incorporates such information as birthday, telephone number or recognisable part of your name, and should avoid using the same Password for accessing other services. Access to the Online Service will be given on the correct entry of a Login Name and Password. ING has no duty or liability to verify the identity of the user of the Online Service other than verifying the Login Name and Password. Once access is granted, all actions will be deemed to be made by or authorised by you. You shall be solely responsible for all claims, losses, damages, costs or expenses arising out of or in connection with any unauthorised use of your Login Name and Password. If you are aware or believe that your Login Name and/or Password have been compromised, lost or stolen or used without your authorisation, please notify ING as soon as reasonably practicable.
2. Authorised use
The information on the Online Service is provided for your reference only.
Clients are authorised to access the Online Service as the beneficial owners of investments held under your nominee account.
Your financial advisor is authorised to access the Online Service on your behalf in its capacity as your Financial Advisor, or administrator or manager of a financial advisory practice.
3. Indemnity
You agree and undertake to indemnify ING, its agents and delegates and all other users of the Online Service on demand against any claims, losses, costs, damages, actions or expenses of reasonable amount which ING or any other user may reasonably incur, sustain or experience arising from your failure to keep your Login Name or Password confidential or to notify ING of any compromise, loss, theft, disclosure or unauthorised use of or access to your Login Name and/or Password as soon as reasonably practicable, or any other fraudulent act or gross negligence on your part.
4. Liability of ING
While ING will take all reasonable steps to ensure the information provided by the Online Service is accurate and up to date as at the relevant specified date, ING does not warrant, represent or guarantee the accuracy, reliability, adequacy, timeliness or completeness of any information or data provided by the Online Service. ING shall not be liable for any losses, damages, claims, costs or expenses arising directly or indirectly from any omission, error or inaccuracy in information provided by the Online Service, any unauthorised access to information in the Online Service, the unavailability of the Online Service or the failure to perform in whole or in part, any function of the Online Service unless due to the fraud, negligence or wilful default of ING or its officers and employees.
5. Changes to the Online Service
ING reserves the right to revise or amend, remove or add to the information provided to you by the Online Service and to limit access or cease providing information on the Online Service without prior notice.
6. Change of Conditions
ING reserves the right to revise or amend the terms and conditions of use for the Online Service. Such revision or amendment shall be notified to you (for a period of at least 30 days before any variation affecting fees, charges or your liabilities or obligations which is within the control of ING takes effect, or for such reasonable period as ING may prescribe in any other case). The terms and conditions as revised or amended shall be deemed duly notified to you by posting the same on the Online Service. You shall be deemed to have accepted the terms and conditions as revised or amended once you use or continue to use the Online Service after the relevant terms and conditions become effective.
7. Denial of Access
ING reserves the right to deny access to the Online Service and/or particular account details for any reason including without limitation in situations where you fail to keep your Login Name and Password secure or in ING's reasonable opinion, there are concerns regarding security or unauthorised access.
8. Risks of Internet Access and Electronic Communications
While ING has put in place certain security systems on the Online Service, ING is unable to guarantee in all circumstances that (i) the Online Service or the information provided by the Online Service (including client records) will not be subject to unauthorised access; (ii) the data and other materials contained or accessible on the Online Service, and any electronic communications through the Internet or any other electronic medium, are free from delay, interception, interruption, diversion, failure of hardware or software, corruption or virus infection. ING shall not be liable for any losses, damages, claims, costs or expenses arising from such unauthorised access or such delay, interception, interruption, diversion, failure, corruption or virus infection unless due to the fraud, negligence or wilful default of ING or its officers and employees.
9. Ownership
The Online Service is owned and operated by ING. Intellectual property in the Online Service is owned by or licensed to ING unless otherwise indicated. The Online Service also contains a number of trademarks, logos and symbols which are either owned by ING or used with the permission of the owners. You are entitled to use the information provided to you through the Online Service for your reference only. Except as provided in paragraph 2 above, you must not reproduce, adapt, modify, upload, download, link to, frame, perform in public, transmit or distribute any content from the Online Service or any part of it (in whatever form or by whatever process) unless you have obtained ING's prior written approval. ING will not be responsible to you or any other person for any loss or damage arising from any of the above acts which are not authorised by ING, nor will it be responsible for any content of any other online services which are accessed through or from the Online Service.
10. Fee
ING has the right to impose fees and charges for the use of the Online Service from time to time. ING will notify you of such fees and charges and you shall be deemed to have accepted any relevant fee or charge when you use or continue to use the Online Service.
11. You acknowledge that:
(a) Neither ING, the data service providers, their affiliates, your financial advisor nor any third-party licensor shall have any liability for the accuracy or completeness of the data service information or software furnished through the Online Service, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages;(b) Either ING, the data service providers, their affiliates or third party licensors have exclusive proprietary rights in any information and software received;
(c) You shall not use or permit anyone to use the information or software provided through the Online Service for any unlawful or unauthorised purpose;
(d) You are not authorised or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the owner or source of such information or software; and
(e) Access to the data services (as defined in the agreement between ING and the data service providers) provided through the Online Service is subject to termination in the event that any agreement between ING and the data service providers is terminated.