HSL Commuter Benefits Service Terms of Use
14 June 2021
1 These Terms of Use and the agreement they create
The HSL Commuter Benefits Service is a service ("Online Service") that the Helsinki Regional Transport Authority ("HSL”) offers to corporate customers (“Customer”). The service is intended for ordering and managing commuter benefits and requires registration on the service’s online portal.
These terms of use of the HSL Commuter Benefits Service (“Terms of Use”) constitute an agreement on the use of the Online Service between the Customer and HSL. The agreement constituted by these Terms of Use shall supersede all previous agreements and declarations of intent regarding the Online Service between the Customer and HSL. The Terms of Use do not alter or revoke HSL Conditions of Carriage and Ticket Terms and Conditions, but apply simultaneously.
See HSL Public Transport Conditions of Carriage and Ticket Terms and Conditions
By registering as a user of the Online Service, the Customer accepts these Terms of Use. Accepting the Terms of Use creates an agreement between the Customer and HSL.
2 Using the Online Service
2.1 Prerequisites for using the Online Service
HSL will provide the Customer with access to the online portal of the HSL Commuter Benefits Service at https://tyomatkat.hsl.fi/.
In order to use the Online Service, the Customer must register as a user and accept the Terms of Use.
HSL has the right to modify the Online Service and its contents and stop maintaining the Online Service in part or in full.
2.2 Access right
The Customer has the right to use the Online Service in accordance with the Terms of Use, instructions, laws and good practice.
The Customer does not have the right to copy, distribute, publicly display or commercially use the Online Service or parts thereof.
HSL has the right to prevent the use of the Online Service if there are reasonable grounds to suspect that the Customer is using the Online Service in breach of these Terms of Use, instructions, law or good practice.
Login details must be processed in a manner that ensures their confidentiality, and they shall not be disclosed to any third parties. If login details have been disclosed to a third party, HSL must be informed immediately.
2.3 Ordering via the Online Service
The Customer orders commuter benefits for its employee by selecting a product among the selection of tickets available on the Online Service at the time.
3 Other terms and conditions
3.1 Prices and price alterations
The Customer shall not be charged for using the Online Service. The Customer only pays HSL for the price of the commuter benefit ordered for the Customer’s employee. The prices are set in accordance with the current HSL price list.The price list is available on the Online Service.
3.2 Invoicing and terms of payment
The Customer pays HSL for the actual use of the commuter benefits retroactively based on invoicing by HSL on a monthly basis.
Invoices shall be payable within 14 days of the date shown on the invoice. The interest for late payment is in accordance with the Interest Act.
If the Customer does not pay the invoice by the due date on the payment reminder, the Customer’s access to the Online Service may be suspended without a separate notice.
If necessary, HSL has the right to transfer an outstanding debt to be recovered by a collection agency.
3.3 Data protection and information security
The use of the online portal entails the processing of personal data. Based on this agreement, the Customer acquires services from HSL the delivery of which necessitates the processing of personal data.
Personal data refers here to data related to the customer relationship between HSL and the employees of the Customer. In terms of said personal data, HSL is the controller as laid down in the EU’s General Data Protection Regulation (2016/679). The Customer is the controller of the personal data related to the employment relationship of its employees..
For the sake of clarity, it shall be stated that HSL and the Customer are not joint controllers. The parties shall have independent rights and obligations as data controllers in relation to the processing of the personal data of any persons included in their respective personal data files, and the parties shall each be independently and separately responsible for adequately informing its data subjects, preparing a privacy statement, ensuring the execution of the rights of its data subjects, and for the proper performance of all other obligations under the GDPR relating to the personal data they process.
HSL’s personal data is not to be processed outside the European Union or the European Economic Area, unless otherwise agreed in accordance with legislative requirements.
The Customer is responsible for the information security of its own information systems.
HSL shall store all data relating to or sent by the Customer in a manner that ensures confidentiality. HSL shall implement the information security of its service in a manner that is both generally acceptable and efficient, as well as use appropriate technical solutions to prevent unauthorized access to its information systems.
3.4 Amending the Terms of Use
HSL shall have the right to amend these Terms of Use. The current Terms of Use are available on the Online Service and at HSL.fi. HSL shall report any amendments to the Terms of Use on the Online Service or by some other appropriate means two weeks before the amendment takes effect. The amendments will take effect at the notified time. By continuing to use the Online Service after amendments have been made to the Terms of Use, the Customer agrees to the new Terms of Use.
3.5 Intellectual property rights
The Online Service, its content and layout are protected by copyright and other applicable laws.
All rights, such as title, copyright and other intellectual property rights, to the Online Service and the material included in or related to it shall belong to HSL or our licensors. HSL reserves all rights except the right to use the Online Service in accordance with these Terms of Use.
3.6 Limitation of liability
HSL does not guarantee that the Online Service will always be available for use without any disruptions. The Online Service may experience downtime and loss of use, or its content may contain errors or inadequacies due, for example, to maintenance activities, technical problems or problems with data transfer caused by third parties. If possible, HSL will report any downtime at HSL.fi in advance. HSL shall try to schedule any downtime so that it does not cause unreasonable harm.
HSL grants the right to access the Online Service “As is”. HSL does not guarantee that the Online Service will be available in all operating environments.
HSL shall not be liable to the Customer or a third party for any errors or delays related to the Online Service, or for any damages resulting thereof. Furthermore, HSL shall not be liable for any errors or delays caused by its subcontractor, or for any damages resulting thereof.
HSL shall not be liable for any third party actions, claims or proceedings against the Customer, or for any damage caused by loss or damage of data, regardless of the cause of the loss or damage.
3.7 Terminating the Online Service
The agreement created by accepting the Terms of Use is valid until further notice and can be terminated within two (2) weekdays from a written notice from the Customer and within three (3) months from a written notice from HSL. The written notice shall be submitted to HSL Corporate Sales, corporatesales@hsl.fi, and to the Customer’s representative. Commuter benefit whose period of validity has begun before the notice of termination has ended will remain valid until the end of its period of validity also after the notice of termination. In addition, the Customer has the right to view the commuter benefits that have been ordered before the termination of the Service on the online portal for the duration of one (1) month after submitting the notice of termination to HSL.
HSL has the right to cancel the agreement if the Customer commits a material breach of contract. However, if the breach of contract can be corrected, the agreement can only be cancelled if the Customer fails to correct the violation within a reasonable deadline set by HSL in writing, which shall be at least fourteen (14) days. A notice of cancellation shall be submitted in writing.
In addition, HSL has the right to cancel the agreement if the Customer’s access to the Online Service has been suspended in accordance with section 3.2, and if no payment has been received within no later than 30 days from the suspension of the service.
3.8 Applicable law and settlement of disputes
These Terms of Use shall be governed by Finnish law.
If a dispute is not settled by negotiation between the parties, the dispute shall be referred to the Helsinki District Court.