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Cardholder Agreement

1. Introduction

This Cardholder Agreement (the "Agreement") sets out the terms and conditions that apply when you use your ING DIRECT Access Card together with your confidential Personal Identification Number ("PIN"). It replaces all earlier Cardholder Agreements and it applies to any replacement ING DIRECT Access Card we may issue to you. If there is more than one Cardholder, each Cardholder shall be jointly and severally responsible to ING DIRECT for performing all of the obligations under this Agreement.

Activating, using or accepting the Card will confirm your acceptance of the terms contained within this Agreement

2. Definitions

In this Agreement, "you", "your" and "Cardholder" means each person whose name appears on the ING DIRECT Access Card (the "Card") or who is authorized to use the Card, and "ING DIRECT", "we" and "us" means ING Bank of Canada.

All other terms are defined within the text of the Agreement below.

3. Service

ING DIRECT will permit you to use your Card and PIN to access your ING DIRECT account(s) as follows

1. Access will be provided to those accounts that ING DIRECT may permit from time to time (the "Account(s)");
2. Permitted transactions will include those transactions which ING DIRECT may approve from time to time (the "Permitted Transaction(s)");
3. In addition to this Cardholder Agreement, Permitted Transactions using your Card and PIN shall be subject to the terms of your agreements with ING DIRECT governing the Account(s) being accessed by your Card (the "Account Agreement(s)");
4. ING DIRECT may, in its sole discretion, provide you with the ability to use your Card and PIN to access your Account(s) through; direct payment terminals or other direct payment machines or card reading terminals which ING DIRECT approves for use from time to time ("Debit Terminal"), other transaction devices which ING DIRECT makes available to you for your use from time to time; automated banking machines (ABM's) which ING DIRECT approves for use from time to time; and any system in which you use the number on your Card and PIN without presenting the Card which ING DIRECT approves for use from time to time (collectively, the "Service");

4. Use of Service and Service Charges

You will use the Service in accordance with this Cardholder Agreement, your Account Terms and ING DIRECT's instructions, that are in effect and, that are communicated to you by ING DIRECT. These instructions may change from time to time, and ING DIRECT will provide notice (either in writing or on our website) of such changes. In no event will you use the Card or Service for any illegal, fraudulent or defamatory purposes.

We may charge fees for the Card, Service or for Permitted Transactions using the Service. You authorize us to debit your Account(s) for these fees. A copy of ING DIRECT's current fee list, which is subject to change, is available on the ING DIRECT website or at any ING DIRECT Café.

You understand that other financial institutions or outside network administrators may charge your account a network and/or convenience fee for the use of a Service or for a Permitted Transaction. These fees will be automatically debited from your Account(s).ING DIRECT may impose daily limits on Permitted Transactions and the amount that maybe withdrawn using your Card (collectively the "Daily Limits"). ING DIRECT may change these Daily Limits at any time without notice to you. We will communicate your Daily Limits to you.

Subject to the terms of this Agreement ING DIRECT will process a Permitted Transaction at the time of the transaction. In accordance with our hold policy, as amended from time to time, ING DIRECT may place a hold on a Permitted Transaction pending its verification.

ING DIRECT may decline to accept a transaction at any time. ING DIRECT may process a Permitted Transaction made on a weekend or holiday on the next banking day. ING DIRECT may process a Permitted Transaction in accordance with the terms of the Account Agreement(s) governing the transaction.

5. Foreign Currency Transactions

A Permitted Transaction in a foreign currency will be converted to the currency of your Account at an exchange rate determined by ING DIRECT on the date the Permitted Transaction is processed. This rate may differ from the rate in effect on the date of the Permitted Transaction.

6. Access to Service

ING DIRECT may at its discretion and without notice to you

1. withdraw permission to you to use all or any part of the Service, access any Account, or perform any Permitted Transaction; or
2. cancel or alter all or any part of the Service.

ING DIRECT will not be liable to you or to any other person for any loss or inconvenience which you or that person may incur as a result of the above withdrawal delay of Service.

7. Termination or Amendment of this Agreement

ING DIRECT may terminate this Agreement at any time without notice to you. You may terminate this Agreement by providing written notice to ING DIRECT. The Card provided to you is the property of ING DIRECT. You agree to return all such Cards immediately to ING DIRECT on request. If you terminate this Agreement you will immediately return all Cards to ING DIRECT. You shall remain liable for any use of the Card following termination of this Agreement in accordance with the terms of this Agreement. Termination of this Agreement shall not relieve you of your obligations under the Account Agreement(s), which shall continue in full force and effect.

This Agreement may be amended at any time by ING DIRECT. We will notify you of any changes by either sending you notice (written or electronic) or posting a notice on our website. You may view a copy of the changes to the Agreement on our website. Using your card or accepting or signing a new card following such notice shall be deemed to be your acceptance of such an amendment as of the effective date set out in the notice.

8. Confidentiality of Personal Identification Number

You are responsible for the care and control of your Card and PIN. Each PIN is for your exclusive use and you must keep it absolutely confidential. Do not share this number with anyone else, including close family members and friends.

You must choose a card access PIN that is different from the PIN you use for internet and telephone access with ING DIRECT. When choosing a PIN, you will not choose an obvious PIN such as the following; the telephone number, address or birth date of yourself or a relative, your name or a close relative's name; a number that appears on any ID card you keep with or near your Card (such as a SIN or driver's license); a number that appears on the Card; or any other number which can be easily obtained or guessed by someone else.

ING DIRECT recommends that you memorize your PIN and do not keep a written record of your PIN. In no event will you keep a written record of your PIN on or in close proximity to the Card. If ING DIRECT sends you a PIN, you will destroy the document on which it is printed.

9. Lost or Stolen Card - Failure to Keep PIN Confidential

You must notify ING DIRECT immediately after you learn or suspect any of the following:

1. the loss, theft or misuse of your Card;
2. that your PIN was disclosed to, or obtained by, anyone else or may be known by anyone else; or
3. that unauthorized use of the Service may be occurring.

To report any of the above, please call ING DIRECT at 416-756-2424 or 1-888-464-3232.

If you know, or suspect, that someone else knows your PIN, you must change it immediately.

10. Your Liability

You are liable for all authorized use of your Card and PIN. Authorized use includes, but is not limited to, authorizing another to use your Card and PIN, any entry errors at a point of sale or Debit Terminal, and all fraudulent or worthless deposits you may make.

You are also liable for the unauthorized use of your Card and PIN when you contribute to its unauthorized use. This includes the following circumstances:

1. you fail to notify ING DIRECT in accordance with section 9 of this Agreement;
2. you fail to keep your PIN confidential in accordance with section 8 of this Agreement; or
3. you fail to cooperate with ING DIRECT in its investigation of the unauthorized use

Your liability each day for such unauthorized use is limited to your total Daily Limits. Your liability may exceed the actual funds in your Account(s) if the Account has a line of credit and/or overdraft protection, is linked with other Accounts, or the transaction is made based on a fraudulent or worthless deposit at a banking machine or Debit Terminal.

You are not liable for losses that result from circumstances beyond your control, including technical problems or system malfunctions, errors on the part of ING DIRECT or situations where ING DIRECT is responsible for preventing unauthorized use, such as after the Card has been cancelled or expired or after you have notified ING DIRECT in accordance with section 9 of the Agreement.

11. ING DIRECT's Liability

ING DIRECT will not be liable for any delay, damage, loss (direct or indirect) or inconvenience to you or any other person resulting from or arising in connection with the provision or the failure, for any reason, to provide any part of the Service or from the termination by ING DIRECT of this Agreement.

ING DIRECT will not be liable to you or any other third party if a merchant does not accept the Card at any time. If your Card and PIN are used to effect a direct payment transaction, ING DIRECT shall in no way be responsible for the quality or non-receipt of the goods or services (or both) obtained by way of the Card. All claims or disputes between you and the merchant, including your rights to compensation or any rights of set-off, shall be settled directly by and between the merchant and you. When a merchant becomes liable to make a refund to you, ING DIRECT will credit the Account(s) designated by you with the amount to be refunded, only upon receipt by ING DIRECT of a properly issued credit voucher or other appropriate verification or authorization of the refund.

ING DIRECT shall in no way be liable for any accident, act of aggression, theft, loss or damage you may suffer while using Debit Terminals or other Services, whether you are on the premises of ING DIRECT or other premises.

ING DIRECT will not be liable for any errors which may result from incorrectly providing or selecting any account number, dollar amount or other information required for the operation of the Service.

ING DIRECT will not be liable for the release of any information about you or any loss or damage: a) should you choose not to follow the recommendations set forth in section 8 of this Agreement; or b) which result from your breach of either section 8 or section 9 of this Agreement; or c) which result from any misuse of your Card or PIN.

ING DIRECT will not be liable for any loss or damage you may incur in using any software, product or service provided by third parties in connection with the Service.

12. Records

You are responsible for ensuring that information entered or selected when using the Service is correct. You agree that the transaction record produced and dispensed by a Debit Terminal or other device at the time of each transaction will have the same legal effect as written instructions to ING DIRECT.

You must examine all billing and account statements and each entry and balance recorded in them including those entries for transactions resulting from use of the Service. (the "Account Statements") You must notify ING DIRECT of any omissions, errors, or objections in the Account Statements in accordance with the terms of your Account Agreement(s).

Should any dispute arise regarding any transaction, you agree that ING DIRECT's records will be admissible records in any legal proceeding for the purpose of evidencing your liability with respect to such transaction.

13. Dispute Resolution

If you have any questions or concerns with regards to the Service or a transaction, please contact ING DIRECT at 416-756-2424 or 1-888-464-3232 to resolve the matter. Please inquire about our complaints resolution process should you have a complaint or dispute with regards to the Service.

If you contact ING DIRECT regarding an unauthorized transaction, ING DIRECT will respond to you as soon as possible and in not less than ten (10) business days. During an investigation into the unauthorized transaction, ING DIRECT may require a signed written statement or, if appropriate, a signed written affidavit from you. The ten (10) business day time period may be suspended until ING DIRECT receives the requested information. If a dispute regarding an unauthorized transaction cannot be resolved in this time, ING DIRECT will provide you with information concerning our complaints resolution process.

14. Other Agreements

If there is any conflict or inconsistency between the provisions of this Agreement and the provisions of the Account Agreement(s), the provisions of the Account Agreement(s) shall govern. The provisions of the Account Agreement(s) with respect to notices shall apply to notices required under this Agreement.

15. Governing Law

This Agreement and Permitted Transactions are governed by the applicable laws of the Canadian province or territory in which you reside, and by the applicable laws of Canada.

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