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Web Terms And Conditions

Except as otherwise agreed to by ING Bank of Canada ("ING DIRECT"), the following terms and conditions shall govern your use of the ING DIRECT Web Site.

Use of Information

The information contained in this Web site is not intended to provide specific legal, accounting, financial, or tax advice for any individual or entity and should not be relied upon in that regard.

Accuracy and Changes

Interest rates provided by ING DIRECT and other ING entities on this Web site are believed to be accurate when placed on the Web site, however, posted rates are subject to change at any time without notice. To obtain our most up-to-date rates, please contact us by phoning us at 1-800-464-3473 or by email at clientservices@ingdirect.ca.

ING DIRECT shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within this website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. ING DIRECT shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. ING DIRECT does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained herein.

Direct Access

ING DIRECT may provide direct access to your account(s) by one or more of the following methods:
(a) Electronic communications through this ING DIRECT Web Site;
(b) Speaking over the telephone or pressing its key pad to communicate with an ING DIRECT Associate or the ING DIRECT Interactive Voice Response System;
(c) Loan Account electronic communications by automated banking machine (ABM) and direct payment point-of-sale terminals;
(d) Other devices or equipment which ING DIRECT may designate for Direct Access.

The ING DIRECT Account Terms, Credit Account Agreement and Authorization, Cardholder Agreement and any other agreement or terms and conditions of ING DIRECT shall apply to all transactions and other activities facilitated by you in connection with your accounts at ING DIRECT.

Electronic Identification

Direct access to and use of the ING DIRECT Web site requires an electronic identifier which consists of the use of one or more of the following:
(a) Client Number
(b) Personal Identification Number (PIN)
(c) Password
(d) Or other security measures required by ING DIRECT.

ING DIRECT will provide you with a Card (where applicable) and other components of the Electronic Identification for Direct Access and where applicable, you may select certain components of the Electronic Identification yourself.

You agree that electronic pages, such as ING DIRECT Web Site pages, accessed by Electronic Identification are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with ING DIRECT for their content.

Your Liability

You agree that the use of the Electronic Identification is the legal equivalent to your written, signed instructions to ING DIRECT.

ING DIRECT will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.

You will not be responsible for unauthorized use of Electronic Identification occurring after notifying ING DIRECT in accordance with the notice provisions set out below.

Protection of Electronic Identification

You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:
(a) memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;
(b) avoiding Code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date, address, etc.;
(c) avoiding selecting any part of another PIN, password or code;
(d) take all necessary steps to ensure that any component of the Electronic Identification remains confidential to you - including keying in or speaking at a telephone or electronic device.

Notice to ING DIRECT

You must immediately phone ING DIRECT if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact ING DIRECT 24 hours a day and 7 days a week at 1-888-464-3232.

Verification

ING DIRECT reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of ING DIRECT to contact you in order to confirm such instructions.

Recording Calls and Other Instructions

You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.

Transactions and Limits

Transactions may be limited in dollar amounts or otherwise as ING DIRECT (or others) may determine and ING DIRECT (or others) can change these limits without notice to you.

Liability of ING DIRECT

ING DIRECT may cancel or restrict Direct Access or your Electronic Identification without notice to you. ING DIRECT will not be liable for any direct, indirect or consequential loss, damage or inconvenience arising directly or indirectly out of your use of, malfunction, cancellation, restriction or inability to access your account(s) at ING DIRECT by any means.

ING DIRECT and other ING entities, are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this Web site including but not limited to, damages arising from or related to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.

Unlawful behaviour

Do not use the ING DIRECT Web Site to communicate to others, to post on the ING DIRECT Web Site, or otherwise transmit to the ING DIRECT Web Site, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that ING DIRECT or other parties are involved in creating, producing or delivering the ING DIRECT Web Site, ING DIRECT shall have the right to monitor or review all communications, materials, transmissions, postings, discussions and chats. ING DIRECT and all parties involved in creating, producing or delivering the ING DIRECT Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.

If the ING DIRECT Web Site contains bulletin boards or any other message or communication facilities whatsoever (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:
commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
delete any author attributions, trademarks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
falsify the origin or source of software, information or other material contained in a file that is uploaded;
advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and,
download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by ING DIRECT, and such communications shall not be considered reviewed, screened, or approved by ING DIRECT. ING DIRECT reserves the right for any reason to remove at any time without notice any of the contents of the Forums received from users, including without limitation bulletin board postings. ING DIRECT reserves the right to deny, in its sole and absolute discretion, any user access to the ING DIRECT Web Site or any portion thereof without notice.

ING DIRECT Records

You accept any records or documents stored or produced by ING DIRECT through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic, and binding on you.

Ownership of software, etc.

ING DIRECT (or a third party) owns any software or device ING DIRECT has supplied to you for purposes of facilitatING DIRECT Access, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. ING DIRECT may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.

Where Written Signatures are Required

Some ING DIRECT products may require your written signature and you will be advised when this is the case. You will be sent the terms and conditions and/or transaction verification which apply to the product or service which requires signature and will have five (5) business days from the date of giving of instructions by Direct Access to advise ING DIRECT if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and/or transaction verification.

Subject to the following paragraph, when you receive material requiring a signature you will sign it and return it to ING DIRECT. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.

Available Only Where Permitted by Law

The products and services described in the pages of Web sites of ING DIRECT and other ING entities, are only offered in jurisdictions where they may be legally offered for sale.

No confidentiality, use of information

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The ING DIRECT Web Site may include incomplete information, inaccuracies or typographical errors. ING DIRECT, and any other persons involved in the management of the ING DIRECT Web Site, may make changes in the information and content included in the ING DIRECT Web Site at any time without notice. ING DIRECT shall not be responsible for any detrimental reliance you may place on the ING DIRECT Web Site or its contents. Use of the ING DIRECT Web Site is on an "as is" basis and is strictly and entirely at your own risk. By entering the ING DIRECT Web Site you acknowledge and agree that any communication or material you transmit to the ING DIRECT Web Site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the ING DIRECT Web Site may be used by ING DIRECT anywhere, anytime and for any reason whatsoever.

Hyperlinks

Although the ING DIRECT Web Site may be linked to other sites, ING DIRECT is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering the ING DIRECT Web Site you acknowledge and agree that ING DIRECT has not reviewed all sites linked to the ING DIRECT Web Site and is not responsible for the content of any off-site pages or any other site linked to the ING DIRECT Web Site. Your linking to any other off-site pages or other sites is at your own discretion and risk.

Applicable law

By entering the ING DIRECT Web Site you acknowledge and agree that the ING DIRECT Web Site will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the ING DIRECT Web Site and all of the communications, transmissions and transactions associated with the ING DIRECT Web Site shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the ING DIRECT Web Site. If you use the ING DIRECT Web Site from another jurisdiction, you are responsible for compliance with any and all applicable local laws. ING DIRECT makes no representation that the materials contained within the ING DIRECT Web Site are appropriate for customers outside of the Province of Ontario, Canada.

Language

English shall be the language of the ING DIRECT Web Site, and all transactions occurring in connection with the ING DIRECT Web Site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

Changing These Terms

These Terms can be amended by notifying you by the same notification methods provided in the ING DIRECT Personal Account Terms, Loan Account Agreement and Authorization, Cardholder Agreement or any other agreement or terms and conditions of ING DIRECT. You will be considered to have received notice of change, five (5) business days after ING DIRECT has mailed or sent to you, or ING DIRECT's posting of notice. The effective date for changes contained in such notices will be the date stated in them, and if no date is stated, they will have immediate effect. Use of Direct Access after such time shall confirm your acceptance of and agreement to such amendments.

Copyrights belong to ING DIRECT

ING DIRECT is the registered copyright owner of the ING DIRECT Web Site and no portion of the ING DIRECT Web Site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without ING DIRECT's prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the ING DIRECT Web Site for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the ING DIRECT Web Site in any other manner whatsoever and for any other purpose violates ING DIRECT's legal rights.

Trademarks Belonging to ING DIRECT or Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases at this Web site may constitute trade names, trademarks or service marks of ING DIRECT or other entities. Trademarks may be registered in Canada and in other countries as applicable.

The display of trademarks on the pages of this Web site does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

Marketing Names/Trade Names Used by ING Bank of Canada

"ING DIRECT" is a marketing name (also referred to as a trade name or brand name) used by ING Bank of Canada.

ING DIRECT is a registered trademark of ING Groep N.V. and is used under license by ING Bank of Canada.

Save your money is a trademark of ING Bank of Canada.

The following are Trademarks of other companies:

Netscape, Netscape Navigator, Netscape ONE, and the Netscape N and Ship's Wheel logos are registered trademarks of Netscape Communications Corporation in the United States and other countries.

Microsoft, Windows, Windows NT, MSN, The Microsoft Network and/or other Microsoft products are either trademarks or registered trademarks of Microsoft.

Apple®, Mac®, QuickTime® and Macintosh® are trademarks of Apple Computer, Inc., registered in the U.S. and other countries.

Adobe, the Adobe logo, Acrobat, the Acrobat logo and Adobe Acrobat Reader are trademarks of Adobe Systems Incorporated.

RealNetworks®, RealAudio®, RealPlayer®, WebActive®, and the RN logo are registered trademarks of RealNetworks, Inc.

RealVideo, RealMedia, the Real logo, the Daily Briefing logo, and Timecast are trademarks or service marks of RealNetworks, Inc.

Interac® - Trademark of Interac Inc. ING Bank of Canada is an authorized user of the trademark.

MasterCard® - Trademark of MasterCard International Inc.

Maestro® - Trademark of MasterCard International Inc. ING DIRECT licensed user of marks.

Unauthorized use of ING DIRECT's logos and/or name or trade names is prohibited. All information at this site is protected under the copyright laws of Canada and in other countries. In addition, certain information may be copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this web site.

General

The terms and conditions of other agreements relating to your other ING DIRECT business remain in force except as expressly altered by these Terms. If there is a conflict between any provision of those other agreements and these Terms, those Agreements prevail.