Terms of Use of the HSL App

14 January 2021

1 These Terms of Use and the agreement they create

These Terms of Use of the HSL APP (“Terms of Use”) apply to the use of the mobile app (“App”) of Helsinki Regional Transport Authority (“HSL” or “we”).

The Terms of Use constitute an agreement on use of the App between you, the person using the App, and HSL. The agreement constituted by these Terms of Use shall supersede all previous agreements and declarations of intent regarding the App between you and HSL. These Terms of Use do not alter or revoke HSL Conditions of Carriage and Ticket Terms of Use and Conditions but apply simultaneously.

To use the App, you must accept the Terms of Use as binding to you in the App. If you do not accept these Terms of Use, you have no right to use the App.

 

2 Your access right

We grant you a personal right to use the App according to the Terms of Use (“Access right”). Your access to the App is free of charge, but not exclusive or transferable to a third party.

Your access right will be valid until further notice. You can terminate the access right at any time by removing the App from your mobile device.

We have the right to terminate your Access right if you use the App or its content in breach of our Terms of Use, law or good practice. You may not

  • copy, edit or modify, sublicense, resell or otherwise commercially exploit the App or parts of it or its content, or your personal access right;
  • deliberately provide incorrect registration information required to use the App;
  • circumvent any restrictions on access or use imposed on the App;
  • reverse engineer, decompile or otherwise attempt to determine the source code of the App, unless specifically authorized by law.
  • use the App for activities or in a manner that interferes with other users’ use of the App;
  • use the App to publish or transmit any material that violates the rights of other persons or entities, is unlawful, defamatory, obscene or otherwise offensive, or that unlawfully advertises some products or services.

3 Your responsibilities

You shall be responsible for the acquisition, costs and operation of all devices, software and data communications required for the use of the App.

When using the App, you are obligated to comply with the valid operating, safety and other instructions, as applicable.

You shall be liable for any damages caused to HSL, other users and third parties by use of the App in violation of the Terms of Use, any other contractual terms and the law or good practice.

4 Your data and their use

Provision and processing of data

To use the App, you must provide the information required to use the App. This information may include your personal data. In addition, if you give your explicit consent, the App shall collect your location and travel data. You can withdraw your consent at any time.

You can review and update your data in the App.

Your personal data will be stored in the HSL customer register. Your personal data is processed in accordance with these Terms of Use, the HSL Customer Register Privacy Statement and service-specific privacy information. We and our subcontractors have the right to process your personal data in line with the EU’s General Data Protection Regulation, other applicable legislation and regulations, as described in detail in the Privacy Statement and other privacy information.

We process the data carefully and securely, and we require the same from our subcontractors and partners. We collect our customers' personal data in order to provide smooth and effective transport services. We explain our collection and processing of personal data in our Privacy Statement and other privacy information.

You can give us consent to send you marketing messages about our activities or services. You can withdraw your consent when you wish. Customer communications that we send to manage an existing customer relationship does not count as direct marketing.

HSL Customer Register Privacy Statement and service-specific privacy information: http://www.hsl.fi/en/privacy. 

Payment information

The App will recognize you and offer you the payment cards you have stored for the payment service. When you pay for tickets valid until further notice, your card is automatically charged for the subscription period. The information stored in the payment service include the debit/credit card number and expiry date. These are not stored in the App.

The payment card you have saved will be available until the expiry date of the card. Your card information is secure as it is transmitted over a secure encrypted connection and stored in a secure PCI DSS compliant environment. HSL shall not be liable for any unauthorized transactions on your card. If your card is used without your authorization, contact your bank or payment card issuer.

5 Intellectual property rights

The App, its content and layout are protected by copyright law and other applicable legislation.

All rights, such as title, copyright and other intellectual property rights, to the App and the material included in or related to it shall belong to HSL or our licensors. We reserve all rights not explicitly granted in these Terms of Use.

6 Limitation of liability

While we are doing our best, we cannot guarantee that the App will always be available to you without disruption. The App may experience downtime and loss of use, or the App and its content may contain errors or inadequacies due, for example, to maintenance, technical problems or other such reasons, or problems with data transfer caused by third parties.

The right to access the App is granted to you “As is”. We do not guarantee that the App will meet all your requirements or work in all operating environments.

We shall not be liable to you or a third party for any errors, delays or damages resulting from your use of the App in violation of the instructions or regulations, or that are otherwise caused by you.

We shall not be liable for any third-party actions, claims or proceedings or for any damage caused by loss or damage of data, regardless of the cause of the loss or damage.

We shall not be liable for any defect, delay or non-performance of contractual obligations in so far as it is due to a force majeure. Force majeure means any event or occurrence preventing or making it unreasonably difficult to perform the obligations within the specified time. Such events include but are not limited to a war, a mutiny, an epidemic, a natural catastrophe, a general interruption of power supply or traffic, a general interruption of data communications, industrial action, a fire, essential restrictions set out by authorities, or any other significant, unusual and unexpected event that is not in HSL’s  control. Furthermore, we shall not be liable for an error or delay by our subcontractor, caused by a force majeure. We will notify customers of a force majeure as soon as we are aware of it.

Direct damages: You have the right to claim compensation only for direct damages caused by a defect or delay in the App. Direct damages include reasonable travel, postage and telephone costs associated with addressing the defect, purchase of a substitute ticket and other costs of sorting out the problem.  

Indirect damages: We shall not be liable for any indirect damages caused by a defect or delay in the App or by the use of the App. Indirect damages include loss of income or loss of the use of the App caused, for example, by an outage of the App.

Corporate customer liability: Where the customer is a company i.e. a business, or if the App is used primarily for business purposes, we shall not be liable for any indirect damages caused by a defect or delay in the App or by the use of App nor for damages caused to the employees of such customer.

7 Amending the Terms of Use and their validity

HSL shall have the right to amend these Terms of Use. The current Terms of Use are available in the App. We will notify you of any amendments to these Terms via email, in the App, or by some other appropriate means before the amendment takes effect. Changes will take effect at the time specified in the notification. By continuing to use the App after the changes to the Terms of Use become effective, you agree to the new Terms of Use.

In other respects, these Terms of Use shall remain in force and effect even if any part of them is deemed void or unenforceable.

8 Applicable law and settlement of disputes

These Terms of Use shall be governed by Finnish law.

In case of disagreement, always contact HSL Customer Service first.

If a dispute is not settled by negotiation between the parties, you have the right to refer the dispute to the Consumer Dispute Board (https:www.kuluttajariita.fi). Before referring a dispute to the Consumer Dispute Board, you are advised to contact Consumer Advisory Services first (https://www.kkv.fi/kuluttajaneuvonta); if you do not that, the Consumer Dispute Board may refuse to process your complaint. If you wish to do so, you can also submit your complaint through the European Online Dispute Resolution platform (ODR) (http://ec.europa.eu/odr).

9 Contact details

Helsinki Regional Transport Authority (HSL)
Business ID: 2274586-3
HSL website: http://www.hsl.fi/en
Street address: Opastinsilta 6 A, Helsinki
Postal address: PO Box 100, FI-00077 HSL
Telephone (switchboard): +358 9 4766 4444
Email: hsl@hsl.fi