20 June 2018
ING Mobile Services Conditions of Use
Simply by installing the ING Mobile application of ING Belgium SA/NV – downloadable via Apple's App Store computer application – on a compatible Apple IT system – Apple's iPad, iPhone, iPod Touch etc. – and/or accessing the ING Mobile services of ING Belgium SA/NV – through the abovementioned ING Mobile application – and using it via the internet, the user of a compatible Apple IT system (hereinafter, the "User") states that he or she has read these General Conditions of Use for the ING Mobile services of ING Belgium SA/NV (hereinafter, "ING Belgium") and has accepted them.
Information Present on ING Mobile Services
ING Belgium exercises the greatest care in the quality of the ING Mobile services, with regard to both the content and user-friendliness. ING Belgium makes every endeavour to provide accurate, up-to-date information for its ING Mobile services. ING Belgium may therefore alter the information present on the ING Mobile services at any time without prior notice to the User and in so doing halt access to all or part of the ING Mobile services.
The information, opinions and simulations presented on the ING Mobile services provided by ING Belgium, by other ING Group companies established in the European Union (list available on request) or by third parties are intended for Belgian residents only. It is provided without guarantee or responsibility for ING Belgium or for the other ING Group companies in the European Union except in the event of gross negligence or deliberate tortious intent on their part. It is only valid on the date when provided and ING Belgium cannot guarantee its accuracy, absence of error, exhaustiveness and/or up-to-date nature. It is provided solely for information purposes and is not part of any contractual relationship and/or any unilateral commitment from ING Belgium. It can never be considered as a recommendation, direct and personal advice or prompting to sell and/or buy banking, insurance or other products and services. It is merely a means for the User to make an assessment. Users remain completely free in their decision-making and are solely responsible for its use.
ING Belgium's branches are at the disposal of the User to provide him or her with all additional information and, if applicable, provide personalised offers (subject to acceptance by ING Belgium and by mutual agreement).
Products and Services Present on ING Mobile Services
Banking, insurance and other types of products and services available on the ING Mobile services are only intended for residents in Belgium. They are provided without any warranty or liability on the part of ING Belgium or other ING Group companies in the European Union, except in the event of gross negligence or deliberate tortious intent on their part.
The tariffs available on the ING Mobile services are only valid on the date on which they are provided. They do not constitute a valid offer unless they are accompanied by an order form.
Access Means for Certain Reserved Sections of ING Mobile Services
Certain sections of the ING Mobile services are only accessible after the User has identified him or herself via means of access, such as a User identification code (such as a "profile") and a password, for example a PIN. To obtain access to these reserved sections of the ING Mobile services, the User is invited to register him or herself beforehand by completing the form via the ING Mobile services. At any time via the ING Mobile services, the User can set up other means of access (such as a "profile"). The User means of access are strictly personal and confidential. The User alone is responsible for their use and commits him or herself to maintaining their confidentiality. The User access means can be revoked by him or her at any time via the ING Mobile services, the Home'Bank services of ING Belgium or the branches of ING Belgium. To the extent of its ability, ING Belgium shall take all steps to take this revocation into account at the earliest opportunity. Up to this point, and unless there is gross negligence or deliberate tortious intent on the part of ING Belgium, the User alone is responsible for any direct or indirect loss that could arise for him or her, ING Belgium or third parties, from any use – abusive or otherwise – by him or herself or by third parties performed with the help of his or her access means.
Responsibility for Use of ING Mobile Services
Except in the event of gross negligence or deliberate tortious intent on their part, ING Belgium and its representatives are not responsible for any direct or indirect losses (including loss of profits, costs incurred when accessing an equivalent product or service or opportunity loss) caused to the User from using the ING Mobile services or the impossibility of doing so, for whatever reason.
Except in the event of gross negligence or deliberate tortious intent on its part, ING Belgium declines all responsibility for material damage or consequential loss caused to the Client or to a User by devices, networks, terminals, equipment or configurations not approved by ING Belgium, resulting in particular from defects, breakdowns or failures in electronic communications networks or from the poor functioning or poor configuration of devices, networks, terminals or computer, telecommunications or broadcasting equipment not approved by ING Belgium, including those acquired free or at a cost from other third parties by the User in order to access and use the ING Mobile services. Except in the event of gross negligence or deliberate tortious intent or that of the subcontractors it has approved, ING Belgium accepts no liability for direct or indirect damages caused to a User from, in particular:
- acts or omissions that are in any way attributable to third parties, including the User him or herself, that have not been approved by ING Belgium, and in particular any addition to the ING Mobile application or changes to this or any jailbreaking of the Apple IT system by the User or a third party not approved by ING Belgium;
- legal or regulatory requirements envisaged by national or European Union legislation;
- events beyond ING Belgium’s control, such as authority action, war, riot, strike, shortcomings by its own suppliers, damage resulting from fire or natural causes (such as flooding, storm and lightning) or any event of force majeure.
As a result, in the context of the Mobile services, ING Belgium cannot guarantee and gives no warranty concerning:
- access of, availability of and access and response times for the ING Mobile services via devices, networks, terminals or equipment not approved by ING Belgium;
- the technical security and reliability of communications via devices, networks, terminals or equipment not approved by ING Belgium, particularly in the context of the ING Mobile services, and protection against viruses and other malware (such as spyware), despite the protective measures put in place by ING, protection and confidentiality of communications via devices, networks, terminals or equipment not approved by ING Belgium.
Availability of ING Mobile Services
Insofar as it is able, and in accordance with the limitations laid down in the preceding point, ING Belgium shall make the ING Mobile services accessible 24 hours a day, seven days a week.
Meanwhile, ING Belgium makes no commitment to provide continuous, uninterrupted, secure access to the ING Mobile services. Moreover, at any time and without prior notice, ING Belgium reserves the right to interrupt access to the ING Mobile services in the event of misuse or fraud or in order to carry out maintenance operations and to make improvements or changes to the website. ING Belgium shall take all steps possible to limit the duration of such interruptions and shall inform Users of them.
Without prejudice to its right to additional compensation for any damages and interest, ING Belgium also reserves the right to block any User's access, at any time and without prior notice, to all or some of the ING Mobile services for the following reasons: failure to comply with these General Conditions of Use, use of the site for purposes that are unlawful, contrary to morality or which jeopardise the integrity, security or reputation of the website.
Ownership and Intellectual Property Rights
ING Belgium or, if applicable, the ING Group company concerned, reserves all ownership and intellectual property rights on the ING Mobile service itself and on all its component items, in particular but without limitation, on all texts, illustrations, page setups and IT programmes (especially the ING Mobile application).
The User has a non-exclusive licence to use the ING Mobile services. However, no ownership or intellectual rights are transferred to the User. This licence only grants the User the right to access the content of the ING Mobile services, for consultation and the normal use of the services offered via ING Mobile, in accordance with their purpose and solely for personal requirements.
Any permanent or temporary reproduction of the ING Mobile application, in part or in whole, by any means and in any form, any translation, adaptation, arrangement, any other transformation and any correction of the ING Mobile application, as well as the reproduction of the computer programme resulting therefrom, are subject to prior written authorisation from ING Belgium.
Nevertheless, the User has the right to perform operations of loading, display, switching, transmission or storing the ING Mobile application necessary to enable the User to use the ING Mobile application in accordance with its purpose. The reproduction of the code or the translation of the form of the code of the ING Mobile application is subject to prior written authorisation from ING, even if these actions are essential for obtaining the information necessary for the interoperability of the ING Mobile application with third-party software. The User may access said information at ING Belgium. Without prejudice to the above, the source codes of the ING Mobile application shall not be provided to the User.
Furthermore, no quantitatively or qualitatively substantial part of the ING Mobile service content may be extracted and/or reused, in full or in part, in any form and by any means whatsoever without the prior written consent of ING Belgium or the ING Group concerned. Repeated and systematic extraction and/or reuse of insubstantial portions of the ING Mobile content in any form and by any means whatsoever are likewise prohibited when they are contrary to normal use of the ING Mobile services or cause unwarranted damage to the legitimate interests of ING Belgium or an ING Group company.
Trademarks, names and logos, whether registered or otherwise, on the ING Mobile services are the exclusive property of ING Belgium or other companies and may not be reproduced. In particular, the User may not use them as metatags for websites.
Except in the event of gross negligence or intentional misconduct on its part, ING Belgium may not be held responsible for hypertext links generated from third-party internet sites or applications to the ING Mobile services, or the content of these sites and applications. Any creation of a hypertext link to the home page or secondary pages, ING Mobile service applications or files, for commercial purposes or otherwise, must subject to express prior consent from ING Belgium. The transclusion (or "framing") of all or part of the ING Mobile services is strictly forbidden without the prior written consent of ING Belgium.
Furthermore, except in the event of gross negligence or deliberate tortious intent on its part, ING Belgium does not provide any guarantee or accept any liability for the hypertext links created from the ING Mobile services to third-party web sites or applications, nor as regards the contents of these websites or applications. These websites and applications are accessed solely at the risk of the User, who is well aware that these websites and applications may be subject to other conditions of use, other provisions as regards protection of privacy and/or other rules in general than those which apply to ING Mobile services. ING is not responsible for these websites complying with the legislation and regulations in effect.
Communication with ING Mobile Users
Unless stipulated otherwise, all communication from the ING Mobile User relating to the ING Mobile services must be sent to the following electronic mail address: firstname.lastname@example.org.
Any message containing data, questions, comments, ideas and suggestions, sent to ING Belgium by electronic mail or by any other means, shall not be considered as confidential, subject to ING Belgium’s obligation as regards discretion in the context of its banking activity and the recognised User’s rights, particularly those deriving from privacy protection legislation. Subject to respecting the same qualifications, within five years from when it is sent and without any compensation whatsoever, any message can be reused, copied in whole or in part, amended and transmitted by ING Belgium, in any form whatsoever, by any means and for any purposes, in Belgium and abroad.
Application of General Conditions of Use for ING Mobile Services
These usage conditions for the ING Mobile services apply during the session when the User uses the ING Mobile services. ING Belgium reserves the right to modify these General Conditions of Use at any time, with Users being informed of such a modification via the ING Mobile services. The General Conditions of Use applicable for the entire term of the session in which the User uses the ING Mobile services are, in any event, those present on the ING Mobile services when the User accesses them.
The nullity of one or another provision of these General Conditions of Use shall have no effect on the validity, scope and binding character of the remaining provisions.
The provisions of these General Conditions of Use are without prejudice to the applicable legal or regulatory, mandatory or public policy provisions.
Applicable Rules and Legislation and Competent Authorities
The provisions of the General Conditions of Use for the ING Mobile services are only valid in the absence of express provisions to the contrary stipulated in the ING Mobile services – and more specifically, in the sections reserved for the ING Mobile services – or by ING Belgium or other ING Group companies in the European Union or agreed with these in another way (for example in other applicable general conditions).
These General Conditions of Use for the ING Mobile services are subject to Belgian law.
Only the courts of the district of Brussels have competence in disputes relating to the ING Mobile services, subject to cases where the competent courts are determined by mandatory legal, regulatory or public policy provisions (particularly in the event of disputes with consumers).
As a credit institution and insurance broker, ING Belgium is subject to the supervision of the Financial Services and Markets Authority, Rue du Congrès/Congresstraat 12-14, B-1000 Brussels – Tel. +32 2 220 52 11 – Fax +32 2 220 52 75 – www.fsma.be.
ING Belgium abides by the following codes of conduct:
- the code of conduct of the Association Belge des Banques/Belgische Vereniging van Banken (Belgian Bankers' Association), accessible via the Febelfin website: www.febelfin.be/en.
- the rules of conduct for insurance intermediaries issued by the Union Professionnelle des Entreprises d'Assurances/Beroepsvereniging van Verzekeringsondernemingen (the Belgian Professional Insurance Association), accessible via the internal ASSURALIA website: www.assuralia.be (FR).
- the code of conduct relating to electronic trading of the Fédération des Entreprises de Belgique/Verbond van Belgische Ondernemingen (Federation of Enterprises in Belgium), accessible via the FEB's website: www.vbo.be.
- The supervisory body for ING Life Belgium, ING Non-Life Belgium and ING Insurance Services, as insurance firms, is the Financial Services and Markets Authority, Rue du Congrès/Congresstraat 12-14, B-1000 Brussels - Tel. +32 2 220 52 11 – Fax +32 2 220 52 75 – www.fsma.be.
Copyright © May 2017 ING Belgium SA/NV – Registered Office: Avenue Marnix/Marnixlaan 24, B-1000 Brussels, RPM/RPR Brussels – VAT 0403.200.393 – Tel. +32 2 547 21 11 – BIC (SWIFT): BBRUBEBB – email@example.com – Account (IBAN): (BE 45) 310-9156027-89.
Insurance broker registered with the FSMA under code no. 12381 A.
All rights are reserved. Reproduction and circulation prohibited without prior written permission from ING.
Companies within the ING Group established in a member state of the European Union which participates in the exchange of data in line with the ING Belgium Charter in terms of privacy.
- ING Belgium SA/NV, Avenue Marnix/Marnixlaan, 24, B-1000 Brussels
- VAT BE 0403.200.393 – RPM/RPR Brussels – SWIFT BBRUBEBB 010
- Record Bank SA/NV, Avenue Henri Matisse/Henri Matisselaan 16, B-1140 Evere.
- VAT BE 0403.263.642 – RPM/RPR Brussels
- Record Credit Services SCRL, a limited liability partnership, Rue Georges Clémenceau 13, B-4000 Liège
- VAT BE 0403.257.407 – RPM/RPR Liège
- ING Lease Belgium SA/NV, Rue Colonel Bourg/Kolonel Bourgstraat, 155, B-1140 Evere
- VAT BE 0402.918.402 – RPM/RPR Brussels
- and its subsidiaries: ING CAR (Financial) Lease Belgium SA/NV, ING Asset Finance Belgium SA/NV, Locabel-Immo SA/NV, ING Rent Belgium SA/NV, ING Truck Lease Belgium SA/NV, ING Equipment Lease Belgium SA/NV, European Marketing Group (EMG) SA/NV, ING Computer Lease Belgium SA/NV and d’Ieteren Vehicle Trading (DVT) SA/NV, Rue Colonel Bourg/Kolonel Bourgstraat, 155, B-1140 Evere
- ING Car Lease Belgium SA/NV – Short-term Rental,
- a company limited by shares, Ingberthoeveweg 6, B-2630 Aartselaar.
- VAT BE 0419.406.422 – RPM/RPR Antwerp
- ING Car Lease Belgium SA/NV – Long-term Rental,
- a company limited by shares, Ingberthoeveweg 6, B-2630 AARTSELAAR
- VAT BE 0438.973.597 – RPM/RPR Antwerp
- ING Private Portfolio Management (IPPM) SA/NV,
- Rue du Champ de Mars/Marsveldstraat 23, B-1050 Brussels
- VAT BE 0464.465.791 RPM/RPR Brussels
- ING Investment Management Belgium (IIM) SA/NV,
- Avenue Marnixlaan/Marnixlaan 24, B-1000 Brussels
- VAT BE 0403.241.371 – RPM/RPR Brussels
- ING Life Belgium SA/NV, Cours Saint-Michel/Sint Michielswarande 70, B-1040 Brussels
- VAT BE 0890.270.057 – RPM/RPR Brussels – Approved by the FSMA under code no. 2550.
- Account no.: 310-0762742-20
- For death insurance and life insurance from branch 21 and branch 23 (in particular ING Optima, ING Life Plan, ING Optima, ING Life Cycle, ING Life Xtra, Horizon 18+ Plan and Supplementary Private Pension for the Self-Employed).
- ING Non-life Belgium SA/NV, Cours Saint-Michel/Sint Michielswarande 70, B-1040 Brussels
- VAT BE 0890.270.750 – RPM/RPR Brussels – Approved by the FSMA under code no. 2551 – Account: 310-0763340-36
- For ING Home and Family blanket insurance policy, ING Car Insurance (old policies agreed up until 9 October 2007), ING Hospicare, ING accidental death insurance (in particular Cash Accounts insurance, Inheritance Insurance, ING Securities Portfolio insurance and ING Guaranteed Income).
- ING Insurance Services NV, Prinses Beatrixlaan 35, 2595 AK The Hague, Netherlands.
- Trade register number: 27127537 – Registered with the FSMA under code no. 1449.
- For ING Car insurance (new policies agreed from 9 October 2007)
- ING Belgium SA/NV – Avenue Marnix/Marnixlaan 24, B-1000 Brussels
- VAT BE 0403.200.393 – RPM/RPR Brussels – Registered as insurance broker by the FSMA under code no. 12381 A.