Terms & Conditions of Use

These Terms and Conditions of Use govern your use of the ING Bank (Australia) Limited ABN 24 000 893 292 (ING) Broker Portal at https://broker.ing.com.au (Site). By accessing, viewing, relying on or otherwise using the Site, you accept these Terms and Conditions of Use (and any updated Terms and Conditions) and agree to be bound by them and by any other notice given on this Site. This Site allows you to manage your customers' home loan applications and access details on your customers' existing home loans, including:

• Submitting home loan applications via Apply Online
• Viewing home loan applications in progress
• Viewing valuations ordered and valuation reports
• Viewing existing home loans
• Viewing ING Home Loan Products
• Viewing ING's Credit Policies
• Using Credit, Serviceability and LMI premium calculators

1. Product issuer - Home loan products mentioned on this Site are issued by ING Bank (Australia) Limited ABN 24 000 893 292, AFSL and Australian credit licence 229823. The products described on the Site are available only to Australian residents. Applications from people other than Australian residents will not be accepted.
2. 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).
3. Security - To maintain security you must keep your 10 digit Login Identification number and your password confidential and never store them together. You must not keep your Login Identification number or your password 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 password must be changed on a regular basis to maintain confidentiality.
4. Access - Access to the Site will be given on the correct entry of your 10 digit Login Identification number and corresponding password. Once access is granted, any action by that person will be taken to be made with the authority of the Broker and ING may carry out that request. You must immediately notify ING if you know or suspect that your Login Identification number or password has been compromised or become known to a third party, or if you know of any unauthorised use of your Login Identification number. In these circumstances you must immediately change your password.
5. Indemnity - You agree to indemnify ING and all other users of the Site against any claim, loss, cost, damage, action or expense which ING or any other user may experience arising from your use of the Site, your failure to keep your Login Identification number or password confidential, the use of this Site by any person on your behalf or the use of your Login Identification number by any other person, including any use not approved or contemplated by you.
6. No warranty - Except where expressly stated otherwise, ING 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 does not represent or guarantee that the Site will be free from errors or viruses. ING 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's or another person's software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures. ING will take reasonable commercial steps to ensure the information provided by the Site is accurate and current as at the date of that Site was last updated. However, ING does not warrant the accuracy, adequacy or completeness of the information, nor that it is suitable for your intended use.
7. Liability of ING - To the extent permitted by law, ING, its related bodies corporate and their directors, employees, and agents 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's liability under that term or condition will be limited (in ING's discretion) to the resupply of the services or facilities provided, or the cost of having such services or facilities resupplied. This does not limit any rights a person may have under the Australian Consumer Law, the Australian Securities and Investment Commission Act, or other applicable legislation.
8. Changes to the Site - ING 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.
9. Change of Terms and Conditions - ING reserves the right to change these Terms and Conditions of Use for the Site. Your continued use of the Site following any change to the Terms and Conditions shall be taken as acceptance of the updated Terms and Conditions.
10. Denial of Access - ING 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 Login Identification number, including where:
    • you fail to keep your Login Identification number or password secure;
    • you use the Site in contravention of the law;
    • you act fraudulently, or ING reasonably considers that your conduct could be fraudulent;
    • you breach these Terms and Conditions of Use; or
    • in our opinion, acting reasonably, there are concerns regarding security or unauthorised access.
    The withdrawal, suspension, termination or denial of access to the Site does not affect the conditions in these Terms and Conditions of Use, including relating to your obligations to indemnify ING and limitations on ING's liability.
11. Internet Access - While ING 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 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.
12. 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.
13. Links - The site may contain links to websites operated by third parties. ING 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 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.
14. Copyright and trade marks - Copyright in material comprising the site is owned or licensed by ING unless indicated otherwise. All rights are reserved. "ING" 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 or the relevant copyright or trade mark owners. You are not authorised or permitted to modify, alter, transfer, transmit, distribute, interfere with the working, reverse engineer, remove, create, paste onto, or link to or from any other website any part of the Site.
15. Restricted access - You represent and warrant that you are an Australian resident aged 18 years or over.
16. Governing law - These terms and conditions of use 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. You irrevocably submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia.
17. Contact us - If you require information about ING's products, or if you have any questions, simply call ING on 1300 656 226 or speak to your ING representative.

 

Date of publication 28 March 2019