Terms and conditions for the use of Elo's online services

1. Scope of terms and conditions

These terms and conditions are applicable to the electronic handling of insurance matters using the online services of Elo Mutual Pension Insurance Company (hereinafter service provider or Elo). Elo offers its customers the possibility to manage their insurance, pension, rehabilitation and work ability management matters through Elo’s Online Service.

The general terms and conditions for the use of Elo’s online services are agreed upon in these terms and conditions. In the role of policyholder or when acting on behalf of the policyholder, the customer gains online access to the services in Elo’s Online Service, for which a separate agreement has been made with Elo. The content of the services is subject to separate service-specific agreement.

As the insured or a recipient of a pension or rehabilitation benefit, the customer gains access to the services in Elo’s Online Service, the terms and conditions of which are accepted when logging in to the service. For private customers who are utilising the online services in the capacity of an insurance policyholder or a pension or rehabilitation benefit recipient, those terms and conditions that refer to the Online Service Agreement are not applicable.

The use of the services requires that the customer accepts and undertakes to comply with these terms and conditions, the terms of any separate service-specific user agreements as necessary, and the principles concerning the processing of personal data. The customer is also bound by the general terms and conditions for the use of Elo’s online services.

2. Elo’s online services

2.1 Identification for online services

Customers are required to provide identification in order to use Elo’s online services. The customer or its representative always provides identification and logs in to Elo’s Online Service using a mobile certificate or Tupas authentication codes provided by those banks with which Elo has made an agreement. The service provider can change the identification process by notifying the customer of the matter in advance.

2.2 Liabilities of a customer who has signed an Online Service Agreement

The customer shall name a primary user for the online services and submit this name to the service provider. The service provider shall be notified immediately if the primary user is changed.

The primary user manages the access rights to Elo’s Online Service. The primary user has, in a manner that is binding for the customer, the right to grant, remove, expand or reduce the access rights of users in Elo’s Online Service. The customer undertakes to ensure that the access rights of users of the Online Service are up to date and that access rights considered to be unnecessary for the users to carry out their work tasks or assignments are removed without delay.

The user has the right, in the name of the customer, to use the Online Service within the scope of the rights of use granted to the primary user. The customer is bound by and responsible for all actions carried out by those with access rights to the Online Service within the limits and term of validity of their access rights.

The customer undertakes to ensure that users store the authentication codes separately and carefully so as to ensure that they do not fall into the hands of any external parties. The customer is liable for any legal actions done with the help of the authentication codes up until the primary user has cancelled the access rights of the user in question or the issuer of the codes has received notification that the authentication codes have fallen into the hands of an external party and the issuer has had a reasonable amount of time to prevent the use of the services. The customer is liable for any damages that the unauthorised use of the authentication codes has caused to the service provider, to the customer or to a third party, up until the primary user has cancelled the access rights of the user in question or the issuer of the codes has received the aforementioned notification and prevented the use of the services.

If the user has stored the authentication codes carelessly or otherwise contributed to them ending up in the hands of a third party, the customer is liable for damages incurred by the service provider.

2.3 Liabilities of a private customer

The customer undertakes to store the authentication codes separately and carefully so as to ensure that they do not fall into the hands of any external parties. The customer is liable for any legal actions done with the help of the authentication codes up until the issuer of the codes has received notification that the authentication codes have fallen into the hands of an external party, and the issuer has had a reasonable amount of time to prevent the use of the services. The customer is liable for any damages that the unauthorised use of the authentication codes has caused to the service provider, to the customer or to a third party, up until the issuer of the codes has received the aforementioned notification and prevented the use of the services.

If the customer has stored the authentication codes carelessly or otherwise contributed to them ending up in the hands of a third party, the customer is liable for damages incurred by the service provider.

2.4 Authorising another party

The customer can also handle matters through Elo’s Online Service by providing another person with an Authorisation for this purpose. The service provider determines, for each individual service, whether the online services can be used by virtue of the Authorisation, which specific services the authorised person can use and what actions can be taken on behalf of the customer. Once the customer has delivered to the service provider the written Authorisation, the information of the authorised persons will be registered under the customer’s Online Service Agreement. The service provider shall be notified immediately upon the cancellation of the Authorisation.

Any legal actions, expressions of will and notifications performed through Elo’s Online Service by virtue of electronic authentication are considered binding for the customer and the authorised person. The actions of the authorised person, when issuing assignments, expressions of will and notifications, are considered equal to the actions of the assignor.

Elo approves authorisations made prior to 1 January 2014 with the LocalTapiola Group or Mutual Insurance Company Pension Fennia as they are and with the valid legal effect.

2.5 Hardware, software and data communications connections

The customer ensures that they have the sufficient hardware and programs to access and handle the online services. The customer is responsible for any costs accrued as a result of using Elo’s Online Service as well as for the security and functionality of their own equipment.

The parties to the agreement are responsible for arranging proper data security.

The service provider has the right to interrupt access to the service if the hardware, software or data communications connections used by the customer endanger the functionality of its IT systems or the security of the service.

2.6 Online service content and utilisation of data

The information presented in Elo’s Online Service cannot be viewed as a binding offer, request, commitment or other obligation for the service provider, unless otherwise stated.

When entering into new agreements through Elo's Online Service, the customer shall, prior to making the agreement, read any brochures about the product or service in question, product descriptions, service-specific terms and conditions and any other information that Elo has made available to the customer in its Online Service or website. Having confirmed that the information has been read, the customer is then considered as being aware of all the information available.

Elo’s Online Service is designed and intended for use in the Finnish market.
Elo’s online services may contain links to external service providers, or the services of third parties may be offered or relayed through Elo’s Online Service. Elo is not liable for the content or availability of services provided by external service providers, or for the accuracy or legality of the information provided by external parties.

2.7 Service denial and service interruption

The service provider has the right to interrupt service provision temporarily for maintenance and updating purposes.

The service provider has the right to deny service access and to discontinue the customer’s service with immediate effect if:
• Required by legislation or the instructions of the authorities;
• There is reason to suspect that the service is being used in an unauthorised or incorrect manner or in a way that violates the terms and conditions of use;
• There is a justifiable reason to suspect that the service is being used for illegal purposes; or
• The hardware, software or data communications connections used by the customer endanger the security of the online services, systems or the users of the online services provided by Elo or other parties.

The service provider shall endeavour to notify the customer as soon as possible about the reason and timing for any interruption to the online services.

2.8 Customer notifications

The customer shall submit any notifications concerning an online service to the service provider immediately, however no later than one month from the date on which the customer has observed or should have observed the matter to which the notification relates.

2.9 Liability for damages

The service provider is not liable for damages caused by the malfunction of the online services, a technical disturbance in the production of the services or the fact that the services are not compatible with the customer’s own hardware.

The service provider is not liable for any damages caused by unauthorised changes to the online service site.

The service provider is not liable for any direct or indirect damage caused by the use of the online services, such as unrealised profits or savings. The service provider is also not liable for the destruction or altering of files or for any costs incurred by the regeneration of such files.

2.10 Copyright

The proprietary rights, copyrights and other immaterial rights to the online services belong to Elo Mutual Pension Insurance Company or a third party.

No one may publish, distribute, transfer, copy, reproduce, store or otherwise utilise the online services or a portion thereof without the advance written consent of Elo. When quoting the content, the source must always be stated as stipulated in the Copyright Act.

However, the user has permission to save individual pages on their own computer or to print them for the purpose of managing their own insurance, pension, rehabilitation or work ability matter.

3. Communications between the service provider and the customer

The service provider shall send the customer notifications related to the
Online Service Agreement through Elo’s Online Service or in writing to the customer’s address as provided to Elo, Posti or the registration authorities.

The customer is responsible for the accuracy of the information supplied through the online services, regardless of the specific service that has been used. The service provider is not obligated to verify or supplement the given information. Unless otherwise stipulated by mandatory legislation, the customer is responsible for the delivery of messages, information and assignments it has sent through Elo’s online services up until the customer receives the service provider’s acknowledgement of the arrival of such information. Elo is not liable for the integrity or stability of information sent through its online services.

The user is liable for ensuring that no illegal or inappropriate materials are sent using Elo’s online services. The user shall ensure that any materials being sent are free from viruses or other damaging content.

A notification of a insurance or pension-related document or other message sent by the service provider is considered as having been received by the customer or other specified person once the information has been uploaded into the service. As concerns the service of decisions, the service time specified in the Act on Electronic Services and Communication in the Public Sector (Laki sähköisestä asioinnista viranomaistoiminnassa 13/2003) shall be applicable.

The customer is responsible for the accuracy of the information added by the customer in the Online Service, as notes for independent use and for the “Company Monitoring” section. If the customer enters personal information into this section, the customer is considered the controller for any information thus added and Elo is considered the processor of this information. If the entry of information requires consent from the subject of the information or other party concerned, the customer is responsible for acquiring the necessary consent. As the information processor, Elo is entitled to see all information that the customer has entered into Elo’s Online Service. Elo can only use this information as is necessary for the provision of the service in question.

4. Changes to the online services

Elo has the right, at any point, to change the content, functions, appearance and availability of its online service, or the requirements of the hardware and software that are necessary for the use of the site, or cancel a service or deny a user access to the site without making notification of this in advance.

Elo may notify customers about minor changes to the online services or program updates through the Online Service. Customers who have signed an Online Service Agreement will be notified about any fundamental changes to the online services within a reasonable time through Elo’s Online Service, on Elo’s website and by e-mail or text message.

5. Changes to the Online Service Agreement and the terms and conditions of the online services

Elo has the right to change its Online Service Agreement and the terms and conditions of the online services. Currently valid information can be found on Elo’s website. The service provider notifies the customer within a reasonable time about fundamental changes to the Online Service Agreement or the terms and conditions of the online services through Elo’s website or Online Service.

The Online Service Agreement continues as valid with the amended content unless, by the date in which the changes become effective, the customer notifies the service provider of any opposition to the changes in writing. If the customer opposes the changes, the customer and service provider have the right to terminate the Agreement as stipulated in Section 6 of these terms and conditions.

6. Validity, termination and cancellation of the Online Service Agreement

The Online Service Agreement shall enter into force once the customer has accepted these terms and conditions. The Agreement is valid until further notice.

The customer can terminate the Online Service Agreement at any time without any period of notice. The termination of the Agreement can be done in person, by mail or through Elo’s Online Service. The service provider reserves a reasonable amount of time for the closing of the service.

The service provider has the right to terminate the Agreement to end within two months from the notification of termination.

The service provider has the right to cancel the Agreement with immediate effect if the customer has fundamentally violated the Agreement or its terms and conditions.

The service provider has the right, without a separate notification of termination, to consider the Agreement as ended if the customer has not used the service within one (1) year. The Agreement is also considered to have ended within five years from the date on which the customer's insurance policy in Elo has ended.

The service provider is responsible for any assignments carried out through its Online Service, even after the termination of the Agreement. The service provider has the right to complete any assignments unless they are cancelled separately.

7. Consumer customer’s right to terminate the Agreement

The consumer customer refers to a private individual who has taken TyEL insurance.

If the Online Service Agreement has been made through Elo’s Online Service, by phone or otherwise without the parties having met in person, and the customer is a consumer, the customer has the right to terminate the Agreement within 14 days after the conclusion of the Agreement or on a later date on which the customer received the prior information and the terms and conditions for the Agreement. The termination of the Agreement can be notified in person, by mail or through Elo’s Online Service.

8. Force majeure

Neither the customer or service provider is liable for damages if the party in question can prove that the ability to fulfil its obligations has been prevented by an unusual and unforeseeable event that was beyond its control and which resulted in consequences it could not reasonably have been expected to avoid. The service provider is also not liable for damages if the fulfilment of the obligations based on the provision of the online services or Online Service Agreement would have been contrary to the service provider’s obligations as prescribed by law.

The customer or service provider is obligated to notify the other party to the Online Service Agreement without delay of the occurrence of a force majeure. The service provider can provide notification of a force majeure, for example, on its website or in a national newspaper.

9. Storage of information

If permitted by the cookie settings, the service provider has the right to store any information related to the online communications and transactions of the customer in its IT systems, to combine this information with other data concerning the customer, and to process that information for the purposes of improving the quality and functionality of the Online Service offered to the customer. As required for transactions or service events, the service provider can record the content of messages sent using the Online Service.

10. Governing law and jurisdiction

The Online Service Agreement and the relevant terms and conditions of use are governed by Finnish law, except for provisions concerning the choice of jurisdiction.

Any possible disputes shall be settled by the District Court of Espoo. The consumer customer has the right to have the matter handled by the district court of their own domicile.

11. Legal remedies outside of the court

The customer shall primarily contact the Customer Service of the service provider regarding any issues concerning the services and agreements.

The consumer customer can submit a dispute concerning the Online Service Agreement to the Finnish Financial Ombudsman Bureau (FINE, www.fine.fi) or to the Consumer Disputes Board (www.kuluttajariita.fi) for settlement.