Online Banking Terms and Conditions

ING Bank offers you the opportunity to conduct banking transactions on your loan account by accessing our Internet site.

Please read these terms and conditions carefully. These terms and conditions set out the rights and obligations of yourself and us and reflect the requirements of the Electronic Funds Transfer Code of Conduct (EFT Code) to which we subscribe. We promise to comply with the requirements of the EFT Code.

If you do not understand any part of them, you should contact us.


1. Additional definitions

In these terms and conditions:

access code means a confidential six digit alpha-numeric password only known to you and that you must keep secret, that you use to access an account when using Online Banking.

access method comprises the use of your access code and client number, or any other method authorised by us as an authority for us to act out on an instruction given through electronic equipment to debit or credit your account.

account means each account opened in your name to which we give you access by using Online Banking.

business day means a day other than Saturday or Sunday or public holiday when we conduct financial transactions in your State or Territory.

client number means the number we give you, that you must keep secret, so you can access Online Banking.

Online Banking means our internet loans transaction facility you use by accessing the website.

mortgage manager means the mortgage manager specified in the schedule or any other person appointed as your mortgage manager.

schedule means the schedule in the form of a letter which was given to you at the time we offered you access to Online Banking and which forms part of the terms and conditions.

terms and conditions means the terms and conditions for use of Online Banking, including the schedule, any directions for use issued by us, amendments, schedules, annexures and variations made by us from time to time.

website means our internet website at www.ingnv.com.au.

we or us means your mortgage manager (if applicable) or ING Bank (Australia) Limited ACN 000 893 292 of 140 Sussex Street, Sydney NSW 2000 or its successors and assigns.

you means the person specified in the schedule and any third party you authorise to use the Online Banking with your client number and access code. If there is more than one of you, you means each of you separately and all of you jointly.


2. How to access Online Banking

To access Online Banking you need:

(1) a client number; and

(2) an access code.

We will provide you with your client number in the schedule. To establish your access code you must contact us following the instructions we give you in the schedule. We will provide you with a temporary access code, which you must use to access Online Banking for the first time, and which you will be required to change at the beginning of that first session. Once you have changed your access code you will be able to use Online Banking. Before you use the access code or client number for the first time, we will provide you information on:

  1. any charges for the issue or use of the access method, separate from activity or other charges applying to the account generally;
  2. the nature of any restrictions imposed by us on the use of the access method (including any daily transaction limit or other periodic transaction limits that apply to the access method, the account or electronic equipment) and an indication that merchants or other institutions may impose additional restrictions;
  3. a description of the types of transactions that may be made, and the accounts that may be accessed with the access method
  4. a description of any credit facility that you may access through electronic equipment using the access method;
  5. our procedure for reporting lost, stolen or unauthorised use or breach of security of the access method; and
  6. the way you can make complaints and query statements.

3. Agreeing to these terms and conditions

By using Online Banking, you automatically agree to these terms and conditions. If you do not agree to these terms and conditions, do not use Online Banking.

Acceptance of these terms and conditions means that you acknowledge that, subject to clause 7, we are entitled to give access to your accounts to any person supplying the client number and access code and process transactions conducted on the account by that person. We are not required to verify or authenticate your identity or their identity before giving access to the account or processing a transaction on the account.


4. Joint and Multiple Borrower Accounts

If:

(a) an account is in more than one name; and

(b) the method of operation of the account states that either or any of the account holders can operate the account, each of you agrees that any account holder can use Online Banking and have access to information we have in relation to the account without the consent of other account holders. If one account holder instructs us to block access to the account via Online Banking, we are authorised by all other account holders to act on those instructions.

If:

(a) an account is in more than one name; and

(b) the method of operation of the account states that both or all account holders must authorise transactions on the account, Online Banking is not available to you or any other account holder. If you would like access to Online Banking, you must contact us to change the method of operation of your account.


5. Use of Online Banking by a third party

You agree that any person you authorise or allow to use Online Banking (including additional signatories on your account) can have access to information we have in relation to the account.

If you allow a third party to use Online Banking to operate your account, you will be liable for any use of Online Banking by that person including transactions on the account (even if that transaction is not authorised by you) and any failure by that person to observe these terms and conditions. You will be responsible for all transactions as though you made them yourself.

You agree to indemnify us against all losses, liabilities and damages incurred by us as a result of us acting in accordance with the instruction of a third party you allow to use Online Banking.

You must ensure that any person you authorise or allow to use Online Banking has read and understood these terms and conditions.

We are not required to verify or authenticate the identity of a third party user or to ascertain whether they are authorised by you to conduct transactions on your account.


6. Security of access codes and client numbers

It is important that you keep your access code and client number secure. You must take all reasonable precautions to ensure that your access code and client number are not misused and that their security is protected. In particular, you must:

  • ensure that your access code and client number are not disclosed to any unauthorised person;
  • use care to prevent anyone else seeing your access code or client number being entered when using Online Banking;
  • void your access code and client number being recorded when accessing Online Banking (for example, where the home page of the website and the client number and/or access code can be accessed by looking at the internet history of the user);
  • keep your access code and client number details (without making any reasonable attempt to protect the security of the access code or client number records) separate and apart from each other so that they are not liable to loss or theft simultaneously;
  • when you change your access code, and after our specific warning not to choose a numeric code that represents your date of birth and the consequences of doing so, not select such a code; and
  • keep any record of your client number and access code secure.

You must tell us as soon as possible if you suspect that your access code is known to an unauthorised person. You can notify us by telephoning the number indicated in the schedule, between 8am and 5pm on each business day.

We can cancel any access code at any time and without notice if we believe it is being used in a way that can cause loss to you or us.


7. When you are not liable

You are not liable for loss of funds:

  • where it is clear that you have not contributed to the loss;
  • that are caused by the same transaction being incorrectly debited more than once to the same account;
  • where unauthorised use takes place before you receive your client number and access code;
  • that are caused by the fraudulent or negligent conduct of our employees or agents or any company involved in our networking arrangement or of merchants linked to the electronic funds transfer system, or their employees or agents; or
  • where unauthorised use takes place after you inform us that your access code or client number has been lost or stolen or the security of the access code or client number has been breached.

Where you have contributed to the loss resulting from unauthorised transactions by

  • acting fraudulently;
  • disclosing your access code or client number to any person;
  • failing to keep any record of your access code and client number details (without making any reasonable attempt to protect the security of the access code or client number records) separate and apart from each other so that they are not liable to loss of theft simultaneously;
  • when you change your access code, and after our specific warning not to choose a numeric code that represents your date of birth and the consequences of doing so, select such a numeric code;
  • otherwise acting with extreme carelessness in failing to protect the security of the access code or client number,

You are liable for the actual loss suffered before we are notified of the misuse, loss or theft or breach of the security of the access method, but you are not liable for that portion of the losses incurred;

  • on any day that exceeds the daily transaction limit;
  • in a period that exceeds any other periodic transaction limit applicable to the relevant period; or
  • that exceeds the credit limit applying to your loan account during the period.

Where you have contributed to the loss resulting from unauthorised transactions by unreasonably delaying notification to us after becoming aware of the misuse, loss or theft of any device forming part of the access method or that the security of the access code or client number has been breached, you are liable for the actual losses that occur between when you become aware, or should have reasonably become aware, and when we were actually notified but you are not liable for that portion of the losses incurred;

  • on any one day that exceeds the daily transaction limit;
  • in a period that exceeds any other periodic transaction limit applicable to the relevant period; or
  • that exceeds the credit limit applying to your loan account during the period.

Where it is not clear whether or not you have contributed to the loss resulting from unauthorised use, your liability will be limited to the least of;

  • $150;
  • your credit limit at that time; or
  • the actual loss suffered.

8. Access to your account

We may, in our absolute discretion, offer you access to Online Banking. If we decide certain accounts will not be given access using Online Banking we are not obliged to grant access for those accounts.

You can use Online Banking to access each of the accounts for which we grant access. We may in our absolute discretion subsequently give you access to other accounts using Online Banking.


9. Your instructions to us

When you use Online Banking, your instructions will be carried out if:

(a) they are permitted by the terms and conditions relating to your account and these terms and conditions; and

(b) they comply with the directions we give you on how to use Online Banking and/or how to perform particular transactions using Online Banking. These directions can be given to us in writing for Online Banking.

You authorise us to act on your instructions. If it is not possible to carry out the instructions, the transaction will not be processed.

We can defer processing a transaction or seek further information from you or authorised third parties before carrying out an instruction. When you or anyone authorised by you gives us instructions using the Online Banking, those instructions cannot be stopped. You are responsible for ensuring that the instructions you or anyone you authorise gives us are correct.


10. Transaction reference numbers

When you perform a transaction through Online Banking, we will provide you with an electronic receipt.


11. Availability of Online Banking and accuracy of information

We will try to ensure that Online Banking is available to you 24 hours seven days a week.

Subject to any warranties implied by law that can not be excluded, we are not responsible for;

errors, inaccuracies, omissions, interruptions, viruses/defects; or delays resulting from failure of the network or ancillary equipment which supports the website ; or failure of the website to perform a function in whole or in part where your instructions to complete a transaction have not been accepted by our system or equipment If an error, inaccuracy or omission occurs and you advise us in writing, we will endeavour to correct such error, inaccuracy or omission within 3 business days of notification. If we cannot correct the error, inaccuracy or omission within this period, we will contact you to tell you when we expect corrective action will be completed.

Subject to any warranties implied by law that can not be excluded, we are not liable for any loss or damage (including without limitation losses or damages for loss of profits, business interruption, negligence or wilful conduct, loss of information, indirect, special, punitive or consequential losses or damages) arising out of:

(a) the use or inability to use Online Banking, where you were aware, or should have been aware, that the website or any system or equipment necessary to operate the website where unavailable for use;

(b) reliance on information obtained through use of Online Banking;

(c) any errors, inaccuracies, omissions, interruptions or viruses/defects which arise from the use of Online Banking where you were aware, that the website or any system or equipment necessary to operate the website was malfunctioning, other than the refund of any charges or fees imposed on you as a result of the system being unavailable or malfunctioning.

Where, our liability for a breach of warranty implied by law cannot be excluded, to the maximum extent allowed by the law and at our option, our liability is limited to:

(a) the resupply of the information or services to you (including the correction of any errors in your account); or

(b) the payment of the cost of having the information or services re-supplied to you.

We may withdraw or deny access to Online Banking without prior notice to you for repairs, maintenance or reasons of security.

Your access to Online Banking will be automatically denied after 3 unsuccessful attempts to enter your client number and access code. If this happens, you must contact us to obtain access to Online Banking.


12. Information on your account

Information provided as to the state of your account will reflect the position at that time.

However, if you give us instructions to transfer moneys from your account, the transfer will take place:

  • if the instructions are given before 7pm Sydney time on a business day, on the next business day;
  • if the instructions are given after 7pm Sydney time on a business day, then 2 business days after you give us instructions.

If we are instructed to do so, we credit amounts to your account, as soon as practicable after we receive them.


13. Changing your access code

You can change your access code at any time subject to correctly quoting the current access code. If you change your access code for Online Banking, it will automatically change your access code for all other interactive services that we offer to you (such as telephone banking).


14. Fees and charges

Normal fees and charges apply to the accounts which you access through Online Banking. These fees and charges are stated in the terms and conditions relating to those accounts.

In addition, you must pay us any new fees and charges we impose in connection with the use of Online Banking. If we introduce fees and charges for Online Banking we will inform you using the procedure clause 54.You authorise us to debit these fees and charges to any account you have with us.


15. Conditions of use

When you use the website, we grant you a limited licence to display on your computer, print, down load and use the underlying HTML, text, hyperlinks, information, content and transaction facilities made available on the site for your personal use and records only.

You are not authorised or permitted to modify, alter, transfer, interfere with the working, reverse engineer, remove, create, distribute, paste onto, link to or from another web site any part of the website.

Copyright in the website is owned by us and all rights are reserved. Except as provided in the limited licence and any use permitted by the Copyright Act 1968 (Cth), no part of the material may be reproduced or provided to the public, in any form or by any means, without our written permission.

The trademarks and devices on this website are trademarks owned by ING Group N.V or the mortgage manager (as applicable). Except as provided in the limited licence, no permission is given for the reproduction or publication of any trade marks on the website by any person.

For the purpose of any e-mail communications which are sent to us via the web site:

(a) An e-mail communication is not taken to be received by us until the e-mail message enters our electronic mail box and is able to be opened in readable form by us.

(b) Proof of an e-mail being received by us is established by production of an electronic or paper record of the date and time that the e-mail message entered our electronic mail box and was able to be opened in readable form by us.


16. Changes to the services and information provided

We can modify, upgrade and vary the type, nature and format of information, transactions or other services offered to you when using Online Banking at any time without notice.


17. Changes to these terms and conditions

We can change these terms and conditions from time to time. Unless clause 54.2 applies, we will advise you of the change by press advertisement or in writing no later than the day the variation takes effect.

If we propose to vary or modify these terms and conditions to:

  • impose or increase charges relating solely to the use of an access method or the issue of an additional or replacement access method;
  • increase your liability for losses relating to unauthorised transactions (subject to any liability limits in the EFT Code); or
  • impose, remove or adjust a daily transaction or any other periodic limit, we will provide you at least 20 days (or longer where applicable legislation requires a longer period, that longer period prior to written notice to you.

18. Resolving disputes

If you have a complaint concerning matters covered by these terms and conditions, please make your complaint using the dispute resolution procedures outlined in the terms and conditions for your account.


19. Termination of use

You can end the use of Online Banking at any time by telling us in writing. In addition to clause 12, which entitles us to immediately withdraw access to Online Banking, we can end your use of Online Banking at any time by telling you in writing.


20. Recorded transactions

We can, at our discretion, monitor any transactions conducted via Online Banking for reasons of accuracy and security. If we monitor transactions for security reasons we will inform you of that before the commencement of the transaction of each session of transactions.


21. Notices and addresses

Notices to be given under these terms and conditions must be given using the procedures in the terms and conditions which relate to your account.


22. Governing law

The governing law of these terms and conditions is the same as the governing law of the terms and conditions which relate to your account.