Terms & Conditions

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to ING Bank N.V. Singapore branch as represented by the Blacksmith ING Labs initiative and “you” or “your” means the customer (whether individual or corporate) and (where the context so requires) includes any user authorised by you.

About Blacksmith

Blacksmith is a Know Your Customer (“KYC”) platform which provides identity verification and assists in the collation of due diligence documentation on the your prospective and existing customers (“KYC Customers”) based on data provided to ING (the “Blacksmith Platform”).

Free Beta

In order to be able to access the Service, you must have signed up for the Service on our website and provided all information that we have requested.

The Service will be provided to you free of charge for a limited period, after that we may commence subscription plan for the Service in which case the parties will agree to new terms and conditions to continue the Service. We reserve the right to suspend the Free Beta and/or your participation in the Free Beta at any time, and for any reason.

You agree to ensure that the information you provide to us during the course of the Free Beta is true and accurate at all times. If you provide us personal data relating to a third party, you represent to us that the consent of that third party to disclose such personal data to us has already been obtained for the purposes of accessing the Service.

Upon registering with your email address, you will designate a password to log on to our website, which you are required to keep secure. You agree to hold us harmless if any other person obtains possession of the above information. You should take action to change your password and notify us, immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.

The Service

You accept that by its nature a pilot is for the purpose of validating and improving a concept that is in development. In other words, the Service is in ‘beta testing’.

While the Service is provided by us pursuant to these terms and conditions is provided in good faith we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you in connection with the Service.

You agree to use our information service for lawful purposes only.

Disclaimer

To the extent permitted by law, we do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this website, the Service or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or via the Service. ING specifically excludes and disclaims all other warranties, whether express, implied or statutory, including implied warranties of merchantability.

Specific Warnings

You must take your own precautions to ensure that the process which you employ for accessing the Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, this website or any linked website.

We do not give you any assurances that any information supplied via the Service will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice (or you accept the risk of not seeking that independent advice).

Where the information made available via the Service contains opinions or judgments of third parties or data from third parties, we do not purport to endorse the contents of that data or opinion or advice nor the accuracy or reliability of that opinion or advice or data. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.

Trade Marks

Except where otherwise specified, generally, any word or device to which is attached the TM or ® symbol is a trade mark. Please contact us for permission if you want to use any trade mark that appears on our website.

All other Intellectual Property

The intellectual property rights on the website are vested in ING, its Associated Companies or third party partners. We retain all intellectual property rights to all its physical and intangible assets, including data, materials, know how, methodologies and techniques.

Linked Websites

This website may contain links to other websites, including those operated by service providers who may offer you products or services displayed in (or linked to from) our website or via the Service (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any Third-party Sites, including the purchase and use of any products or services accessible through them.

This website may also contains access to third party application programming interface (“API”), server, system or other technologies. ING is not responsible for the content or privacy compliance of those third party applications, API, server, system or other technologies.

Personal Data related to your KYC Customers

ING will be processing (directly or via third party sources subscribed by you) personal data related to the your KYC Customers for and on behalf of you and your business through the Blacksmith Platform when ING obtains instructions and personal data from you or through your interactions with ING and the Blacksmith Platform, subscription of third party data sources, submission of information, forms or documents (in whatever format) by you and/or through the use of Blacksmith Platform. Your are deemed a data controller and warrants that the personal data provided to ING have been obtained in accordance with the applicable rules and regulations. By selecting, subscribing to and obtaining personal data related to your KYC Customers from a third party data source through the Blacksmith Platform, you are solely responsible for ensuring or determining that such third party data source (1) has obtained such personal data for a legitimate purpose, (2) has obtained the relevant individual’s consent to process their personal data or (3) is exempt from the relevant obligations relating to processing personal data under relevant law. As such, in so far as personal data related to your KYC Customers are concerned, ING will not be able to assist you with:

ING advises you to contact your third party data source for further assistance.

Privacy Statement

You may authorize its directors, officers, employees, contractors or consultants (individually an “Individual User” and collectively “Individual Users”) to log on to this Website. Any personal data that you and any Individual User supplied to ING (directly or via third party data sources subscribed by you) for the purposes of user account login or otherwise will be used by ING in accordance with ING’s Privacy Statement. By using, you acknowledge that ING or its officers, employees, directors, affiliates, contractors, consultants, suppliers or third party service providers will collect and use technical information about the your usage and device to improve ING’s products and to provide any services to you.

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Confidentiality

You agree to keep all Confidential Information secret and confidential and will not, without our prior written consent, directly or indirectly disclose any Confidential Information to any person and to use the Confidential Information for the purpose of beta testing only. Confidential Information means all information acquired directly or indirectly through this website or ING including but not limited to trade secret, operations, processes, plans, intentions, data, product information, know-how, designs, transactions, and or business in any medium or format.

Termination of Access

Access to the Service and the website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing Law

Please note that these terms and conditions, their subject matter and formation, are governed by the laws of Singapore.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

We may change these terms and conditions at any time and will inform you of a change either (i) through the website, when you next attempt to access the Service, or (ii) by e-mail. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the Service.