General

These terms of use (“Terms of Use”) apply to the use of the ING online newsroom (“Newsroom”) and any secure or subscription services accessed through the Newsroom (“Services”)..

 In these Terms of Use, “ING”, “us”, “our” or “we” refers to ING Bank (Australia) Limited ABN 24 000 893 292 of 140 Sussex St, Sydney NSW 2000 (“ING”) and the terms “you” and “your” refer to the user or viewer of the Newsroom.

By accessing or using the Newsroom, you agree to the Terms of Use on behalf of yourself and/or the organisation on whose behalf you are accessing the Newsroom, and you warrant that you are authorised to do so.

We may change these Terms of Use at our discretion and without notice. By continuing to use the Newsroom, you accept the Terms of Use as they apply from time to time. A copy of the current Terms of Use is displayed on the Newsroom at all times. Your use of this Newsroom and any dispute arising out of such use is subject to the laws of the New South Wales.

Limitations on use of Newsroom

It is a condition of you using this Newsroom that you and the organisation that you represent do not:

• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
• transmit any message, data, image or program which is indecent, obscene or pornographic;
• use the Newsroom or the Newsroom content (including email addresses) to transmit unsolicited commercial electronic messages not directly related to ING’s business;
• transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
• interfere with the rights of others to use the Services;
• transmit any file which contains viruses, worms, “Trojan horses”, adware, spyware, self-executing code or any other contaminating or destructive features (“malware”);
• use the facilities and capabilities of the Services to conduct, or solicit the performance of, any illegal activity;
• impersonate or falsely represent your association with any person or organisation;
• use, reproduce, sell, resell or otherwise exploit any of the Services for commercial purposes except where this is expressly permitted (for example, under a separate licence agreement entered into between you and ING);
• attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this Newsroom, including the use of automated tools; or access or attempt to access information resources you are not authorised to use.

Any use of Newsroom information for operational or commercial purposes must be expressly authorised by ING. For more information, contact ING Media.

Limitation of liability

To the extent permitted by law, ING disclaims all liability for any loss, damage, expense and costs incurred by any person arising out of accessing, downloading, using or relying on any material from the Newsroom. Where any law implies a warranty into these Terms of Use which may not be lawfully excluded, then to the maximum extent permitted by law, ING ‘s liability for breach of the warranty will, at our option, be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

You agree to release, indemnify, defend and hold harmless, ING and its employees, contractors and officers from all loss, liabilities, damages, costs, claims and expenses (including legal costs on a full indemnity basis) that arise directly or indirectly from your breach of the Terms of Use and your activities in connection with the use of this Newsroom and any of the Services.

Links to other websites

Links to other websites are included in the Newsroom for convenience only and do not constitute ING ‘s endorsement of material at those websites or any associated organisation, product or service. Linked websites are not under the control of ING, and ING is not responsible for the content of any linked website or any link contained in a linked website, or changes or updates to such websites. You agree that you access and use linked websites at your own risk.

You must not create or maintain any link from another website to this Newsroom without our written consent. To obtain consent, please write to: media@ing.com.au

ING is not responsible to you or anyone else for any loss suffered in connection with accessing or using any linked websites, except as we expressly agree with you in a separate written agreement. This includes, but is not limited to, the transmission of any malware. ING recommends that prior to using any downloaded files you carry out an appropriate virus check.

Registering for Services

Some Services may require that you register with ING to obtain a username and password that can be used to log in to access content or secure facilities. It is your responsibility to protect your password from disclosure to unauthorised individuals. If you register, you agree to be responsible for:

• all activities that occur under your username and password;
• maintaining the confidentiality of your password and the secure information disclosed to you;
• changing your password on a regular basis;
• contacting us if your password becomes known to unauthorised personnel;
• contacting us to change your password if personnel who know the password leave the organisation;
• contacting us if your username, password or shared secrets have been lost, stolen or otherwise compromised; and
• logging out at the end of each session.

Security and malware

The effective management and security of this Newsroom requires that usage is occasionally monitored, and analysed for evidence of misuse and attempted or actual security breaches. If you violate these terms of use, including by unauthorised or improper usage, ING may record these activities and take appropriate action against you including, but not limited to issuing a warning, and the termination of your account or access. ING reserves the right to report any offence to the proper authorities.

You acknowledge that the internet is an insecure public network which means there are risks that information sent to or from the Newsroom may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Newsroom may contain malware. You agree that you bear the risks and responsibility for any loss or damage caused, directly or indirectly, by use of the Newsroom.

Data formats and email

ING will generally accept email correspondence. All electronic addresses of ING  and its employees published on this Newsroom are for business purposes only. ING and its employees do not consent to receiving unsolicited commercial electronic messages not directly related to ING ‘s business.

ING currently employs PMDF, Microsoft Exchange Server and MS Outlook in its email system. These systems enable us to process the vast majority of modern email types and attachments. Attachment types can be in any standard format, including but not limited to MS Office, Word Perfect, JPG, GIF, BMP, MPEG, AVI.

ING employs an email content management system to scan all incoming and outgoing email. It is our corporate security policy to strip all common executable formats, including but not limited to .exe, .vbs, .bat, .pif etc. Please note that the receipt and dispatch of image and multimedia files is reviewed and may be blocked by ING’s system as they are received, should any issue regarding their content be raised. The receipt of all other attachment types is logged by the system for future reference if required.

Total incoming email message size (including headers and attachments) is limited to 4Mb. Encryption of attachments, if used, should be discussed with the intended recipient before sending, however, PGP or any self-extractive archive is preferred. Winzip is the corporate standard for compression.

Copyright

Access to Newsroom content is restricted to bona fide media only. Works contained in the Newsroom are subject to copyright. Use of the material is subject to the following conditions:

• Information housed on this Newsroom may only be reproduced for editorial and news reporting purposes;
• ING’s copyright in the works must be acknowledged with status at least equal to other credits, and for images that acknowledgement must be displayed on or adjacent to the image;
• Where works are provided in conjunction with a media release, works may not be used in connection with other news items that have no direct connection with the text of the media release.
• Users must not purport to license or assign copyright to other parties.

If you wish to make any other use of our Newsroom content, you must have our prior written permission. To ask for permission or for further information, please contact media@ing.com.au

Severability

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these terms is not affected.

Reservation of Rights

Our failure to exercise or enforce any one or more of our rights under these terms will not constitute a waiver of such rights unless such waiver is granted by us in writing.

Complaints and Contact

Any complaints you have in relation to the Newsroom should be directed via email to media@ing.com.au.