Good to know

Terms of Use effective from 13 December 2021

1. General

These terms of use (hereinafter ‘Terms of Use’) apply to all transactions in the LocalTapiola Group digital services (hereinafter ‘Digital Services’) and online services (hereinafter ‘Online Services’).

For the purposes concerned here, ‘Digital Services’ mean the service platforms provided by LocalTapiola Group, including the relevant applications for purchases and claims, the mobile service, the electronic signature service, chat communication, and the telephone service.

For the purposes concerned here, ‘Online Services’ mean the electronic services provided by LocalTapiola Group that require users to identify themselves, including the online service for private or corporate customers and the mobile applications.

The Digital Services and Online Services are combined under the definition of ‘Services’.

Where a Service is subject to dedicated specific terms and conditions, the dedicated specific terms and conditions prevail in respect of that Service, and these Terms of Use apply in the alternative.

The definition of ‘Customer’ is used for all users of the Services.
The Services are directed towards, and they are intended to be used on, the Finnish market and/or towards Customers who are resident in Finland, unless specifically otherwise agreed or notified.

2. Service provider

The Services are provided by the LocalTapiola Group companies (hereinafter ‘LocalTapiola’).

3. Third parties

The Services may also provide or deliver third-party services, or third-party services may be provided and delivered through the Services.
Third-party services are provided and delivered as is and without obligation. LocalTapiola assumes no liability for the content, availability or functioning of any information or service produced by third parties, or for any loss that their use may cause. LocalTapiola is not a party to any agreements entered into between the Customer and third parties, and LocalTapiola assumes no liability for the fulfilment of such agreements or the terms and conditions thereof.

4. Acceptance of Terms of Use

Customers are required to familiarise themselves carefully with these Terms of Use before using the Services. Use of the Services implies acceptance of these Terms of Use. It is forbidden to use the Services if the Customer does not accept the Terms of Use.

Use of the Online Service requires that, when logging in to the Online Service for the first time, the Customer accept these Terms of Use and/or the terms of use or terms and conditions of contract to which the Online Service is specifically subject. The Online Service may be used by any adult with full legal capacity either in the capacity of an individual or on behalf of an entity, depending on the Online Service concerned.

5. Service content

Customers may take advantage of the Services to conduct the business included in LocalTapiola’s range of services, such as to manage insurances, savings and investments. The Services contain electronic transaction and other services, such as those for purchasing insurance and making claims.

Use of the Services may require a specific agreement.
When used on different devices and when using the different Services, the content and functions of the Services may differ. The range and characteristics of the Services offered may also differ from the services and products provided in the other LocalTapiola service channels.

LocalTapiola has a right to introduce changes to the range, content and functioning of the Services offered, as well as to the technical and other requirements for use of the Services.

6. Service use

6.1 Identification in the Online Service

Use of the Online Service requires that Customers identify themselves. LocalTapiola identifies Customers by means of the banking or other identifiers it accepts. It may be possible to log in to the Online Service later by alternative methods, such as using a PIN code created, or a facial recognition feature activated, by the Customer.

Identifying the Customer in the above manner is equivalent to verifying their identity using a personal identification document issued by a public authority.

The Customer assumes liability for all actions taken in the Online Service after verifying their identity for as long as their session is active, including the actions taken by any party acting on the Customer’s behalf.

It is for the Customer to exercise due care to keep the authentication credentials in a separate place such that third parties will not gain access to them. The Customer assumes liability for the legal acts carried out using the authentication credentials until such time as the issuer of the credentials becomes aware that a third party has gained access to the authentication credentials and the party issuing the credentials has had reasonable time to prevent use of the Services. The Customer is liable for any losses that unauthorised use of the authentication credentials may cause LocalTapiola, the Customer or a third party until such time as the issuer of the credentials becomes aware of unauthorised use and prevents use of the credentials as described above. In the event of unauthorised use of the identifiers in the Online Service, or when the Customer has reason to believe that a third party has gained access to them, this must also be communicated immediately to LocalTapiola.

Where the Customer fails to keep their authentication credentials safe, or if the Customer’s conduct otherwise facilitates third-party access to the authentication credentials, the Customer is liable for any losses that may be caused to LocalTapiola.

6.2 Authorisations

The Customer may take advantage of the Services to conduct the business included in LocalTapiola’s range of services also on behalf of some other individual or business, if that other individual or business issues a power of attorney specifically for this purpose. Separately on a service-by-service basis, LocalTapiola will determine whether it is possible to use the Service by virtue of a power of attorney, as well as deciding the measures that the Customer can take in the Service by virtue of the power of attorney on behalf of the third party concerned. Details of the Assignors in respect of which a written power of attorney is submitted to LocalTapiola will be activated in the applicable Services that the Customer uses.

LocalTapiola must be notified immediately of the expiry of the relevant authorisation.

The Assignee’s conduct is treated as equivalent to the Assignor’s conduct, and the Assignor assumes liability for all action taken and messages submitted by virtue of the authorisation for as long as the authorisation is not appropriately cancelled.

6.3 Devices, software and telecommunications links

It is for the Customer to ensure that they have available the devices, software and telecommunications links that are necessary to use the Services. The Customer is responsible for their safety, proper functioning and compatibility with the Services, as well as for any costs of maintenance, use and telecommunications. LocalTapiola will not provide any guarantee that the Services can be used on the Customer’s devices.
Each party is responsible for ensuring that their own data security is appropriately implemented. LocalTapiola assumes no liability for any losses caused to the Customer by loss or modification of data in a public data network, in a data network that the Customer owns or administers or in a data network that the Customer uses under an agreement. LocalTapiola also assumes no liability for any losses caused to the Customer through materialisation of cyber risks.

LocalTapiola has a right to amend the requirements for the devices and software that are necessary to use the Services, or to amend the other functionalities of the Services.

6.4 Refusal to provide Service, and interruption of Service

LocalTapiola has a right to refuse to provide the Service, to interrupt the provision of the Service, or not to process a Customer order, application or some other message if:

• the devices, software or telecommunications links that the Customer uses compromise the functioning of the data systems or the safety of the Service, or where the maintenance of data security otherwise necessitates this;
• there is reason to believe that the Service is being used in a manner which may cause harm to any of the parties or to third parties;
• the Customer fails to comply with these Terms;
• the Customer informs that identifiers have been used in the Service without authorisation or that it can be assumed that a third party has gained access to them, or there is otherwise reason to believe that the Service is being abused or used without authorisation; another person or business cancels an authorisation that it has granted to the Customer;
• this is considered necessary for commercial reasons or is due to a force majeure or some other serious reason not attributable to LocalTapiola;
• there is reason to believe that the Service is used for unlawful activities; or
• this is required by law or any regulations issued by the relevant authorities.

Additionally, LocalTapiola has a right to interrupt the provision of the Service due to servicing, updates, maintenance, disruptions and other similar reasons.

LocalTapiola assumes no liability for losses caused to the Customer by any refusal to provide the Service or by interruption of the Service.

6.5 Service operation times (new heading)

The Services are available for use according to the service-specific operation times, with the exception of interruptions that are due to servicing, updates, maintenance, disruptions and other similar reasons.
LocalTapiola expresses no guarantee that the Services are available for Customer use without interruption, and assumes no liability for any losses caused to Customers by possible outages or interruptions.
For the execution of the measures requested by the Customer, LocalTapiola reserves a period of time which is reasonable, with due consideration of what the terms and conditions of the relevant contract or Service may set out. LocalTapiola expresses no guarantee that any orders, applications or other messages will be processed in the manner and within the time period determined by the Customer in their message, and assumes no liability for any losses that this may cause to the Customer.

6.6 Limitation of LocalTapiola’s liability

The information presented in the Services cannot be considered to constitute an offer, a request, a commitment or any other expression of a mandatory nature which would be binding on LocalTapiola, unless otherwise stated. The content of each Service is determined according to the terms and conditions governing the service or product in question.
Every effort has been made to ensure that all information in the Services is correct, but LocalTapiola nevertheless assumes no liability for the correctness of the information or for any losses that relate to the use of that information.

Whenever concluding any new agreements by means of the Services, Customers are required to familiarise themselves with the brochures, product descriptions, service- or product-specific terms and conditions and other information that LocalTapiola keeps available for Customer use in the Online Service or on its website. On confirmation of having familiarised themselves with this information, the Customer is considered to have been made aware of the available information. In the event of a clash between these Terms of Use and the applicable service-specific terms and conditions, the contract content is determined based on the service-specific terms and conditions.

Customers must never conclude a residential lease based solely on the material presented in the Service, without personally obtaining the further information that the Customer deems necessary and without confirming, before concluding a lease, with the lessor’s representative, the validity of the material presented in the Service.

In addition to the expressions on the limitation of LocalTapiola’s liability found elsewhere in these terms and conditions:

• LocalTapiola assumes no liability for any direct or indirect losses caused to Customers;
• LocalTapiola assumes no liability for any losses caused by a force majeure event or if LocalTapiola’s activities are unreasonably impeded because of a similar reason. Such reasons include action taken by public authorities, an interruption in electronic communications or loss of electricity not attributable to LocalTapiola, and industrial action;
• LocalTapiola assumes no liability for any costs arising from destruction or modification of data or from re-creating such data, or for any losses caused through unauthorised modification of the information contained in the Services;
• LocalTapiola assumes no liability for the functioning of the Services, or for any losses that are due to refusal to provide the Service, interruption of the Service, or outages, or that arise because of failure to use the Service on the Customer’s device;
• LocalTapiola assumes no liability for the content, availability or functioning of any information or service produced by third parties, or for any loss that their use may cause. LocalTapiola is not a party to any agreements entered into between the Customer and third parties, and LocalTapiola assumes no liability for the fulfilment of such agreements or the terms and conditions thereof.

6.7 Customer’s liability and orders

The Customer is responsible for the correctness and timeliness of the information they provide through the Services. LocalTapiola is not under an obligation to check or supplement any information provided, and the necessary action can be taken based on the information provided. LocalTapiola assumes no liability for any losses caused to Customers due to incorrect or incomplete information.

Until LocalTapiola sends the Customer an acknowledgement of reception of the information provided, the Customer will remain responsible that the information and orders that they submit through the Services are delivered successfully, unless otherwise provided in the mandatory statutory provisions.

The legal acts carried out, and the orders, expressions of intent and notifications submitted, by the Customer by means of the Services are binding on the Customer.

6.8 Customer remarks

Customers are required to submit any possible remarks about the Service or about the execution of an order to LocalTapiola without undue delay and not later than within one (1) month of the moment when the Customer becomes or should have become aware of the grounds giving rise to the remark. In the absence of any submission of a remark within this time period, the Customer is considered having accepted the action taken.

7. Communication between LocalTapiola and Customers

All emails between LocalTapiola and Customers are transferred in an open network. The email messages sent do not contain any information on insurances or claims, but they do indicate that the Customer has a customer relationship with LocalTapiola. This information is covered by insurance secrecy. Use of the Services implies that the Customer accepts this.

If the Customer wishes to submit to LocalTapiola any protected or customer relationship related information, LocalTapiola recommends that such messages be sent through the Online Service, by means of some other secure connection, or by post.

The Customer is liable to monitor the messages that LocalTapiola sends in the Services, as well as the messages and notifications sent by other means, such as by post, text message or email. The Customer may be sent a specific notice by email or text message about a message that has been submitted to the Service.

The Customer is deemed to have become aware of a notification that LocalTapiola sends not later than on the seventh (7) day from submission of the notification to the Customer.

8. Amendment of Terms of Use

LocalTapiola has a right to amend these Terms of Use, the specific terms to which the Services are subject and the pricing of any possible paid Services.

Customers will be made aware of any amendment of the terms in the Online Service or at the LocalTapiola website not later than one (1) month before the amendment becomes effective. The Customer is deemed to have received LocalTapiola’s notification not later than on the seventh (7) day from submission of the notification to the Customer in the Online Service or from the day on which it was made available to the Customer at the website.

The Customer is deemed to have accepted the amended terms if the amendment was notified in the above manner and the Customer uses the Services after the amendment. Should the Customer not accept the amended terms, the Customer must discontinue use of the Services.
The amended terms also apply to the Services activated before the amended terms became affective.

9. Processing of personal data, and saving of data

LocalTapiola ensures the protection of customers’ privacy and processes all personal data in compliance with the applicable valid statutes and good data management and data processing practice, and as set out in the LocalTapiola privacy notices and at LocalTapiola’s website.
LocalTapiola may save data on the contacts that the Customer makes in the online service, as well as online transaction related data, orders, messages and telephone calls. The data are processed for purposes such as following up customer relations, verifying that a transaction has taken place, developing the Services, and for marketing.

LocalTapiola collects, processes and analyses data on Service use, traffic and events, as well as other transaction data.

Customers are advised to familiarise themselves with the more detailed processing of personal data by reading the LocalTapiola privacy notices and the data protection section at LocalTapiola’s website: lahitapiola.fi/henkilotietojenkasittely. Privacy statements are also available upon request by post or email from: tietosuoja(a)lahitapiola.fi. Likewise, the LocalTapiola website has more information on cookies.

10. Legal matters

10.1 Intellectual property rights

All copyrights, trademarks and other intellectual property rights in respect of the Services, including their content and layout, are the property of LocalTapiola or a third party.

Customers must save and print the material contained in the Services only for the Customer’s personal use. You must not copy, disseminate or modify any material, or link, publish or commercially exploit the website, in any way, without explicit written authorisation from LocalTapiola or some other right holder.

10.2 Force majeure

A contracting party cannot be held liable for loss if it proves that failure to meet an obligation by which it is bound is due to a force majeure event. ‘Force majeure’ means an exceptional and unforeseen cause which the contracting party could not influence and the consequences of which it could not have avoided with all due care. LocalTapiola also does not assume liability for loss if fulfilment of the obligations laid down in these Terms of Use were inconsistent with any of LocalTapiola’s obligations provided for elsewhere in the law.

A contracting party has a duty to notify the other contracting party as soon as possible if it is affected by a force majeure event. LocalTapiola may notify of a force majeure event, for example, on its website or in a national newspaper.

10.3 Customer service and non-judicial remedies

With any questions concerning the Services and these Terms of Use, the preferred option for Customers is to contact the LocalTapiola customer service.

Consumer customers can refer any dispute that concerns the Services or these Terms of Use to the Consumer Disputes Board (www.kuluttajariita.fi). Service related disputes can also be referred to the Finnish Financial Ombudsman Bureau (www.fine.fi).

The relevant authority supervising the insurers’ activities is the Financial Supervisory Authority (www.finanssivalvonta.fi).

10.4 Governing law and jurisdiction

These Terms of Use are subject to the laws of Finland.
Any disputes arising out of these Terms of Use are to be referred to the Länsi-Uudenmaan käräjäoikeus (Länsi-Uusimaa District Court) or to the district court of the place in Finland where the Customer is domiciled, permanently resident, or situated. If the Customer is not domiciled, resident or situated in Finland, any dispute is to be referred to the Länsi-Uudenmaan käräjäoikeus.