ENEL X WAY APP TERMS AND CONDITIONS
These general terms and conditions (hereinafter, "General Conditions" or "Contract") govern the terms and conditions of the services described below (hereinafter, the "Services" or, individually, the "Service") provided by Enel X Way S.r.l. with registered office in Rome 00154 (IT), Via Ostiense 131L, phone number +390683052873 and registered e-mail address email@example.com (hereinafter, "Enel X Way") through the "Enel X Way" app (hereinafter "App") towards customers who have signed in on such App in the manners indicated below (hereinafter, the "Customers" or, individually, the "Customer").
1. Scope of the Contract
1. These General Conditions govern the terms and conditions of the Services described below, provided by Enel X Way, directly or through third parties appointed by the same, through the App:
a. Charging of the electric vehicle at charging points accessible to the public via the App or via the associated RFID card (hereinafter, the "Public Charging Stations") compatible with the Service;
b. display on the map of the Public Charging Stations dedicated to electric vehicles compatible with the Service;
c. management through the App or RFID card of the start of charging and the interruption of charging at charging points for domestic use and / or at boxes / garages separate from the main house (hereinafter, the "Home Charging Stations") or for business use (hereinafter, the "Company Charging Stations") whose access through the App is reserved only for authorized Customers. Home Charging Stations and Corporate Charging Stations are collectively referred to as Private Charging Stations;
d. deferred start of Domestic Charging and configuration of the charging time;
e. charging programming at Home Charging Stations;
f. setting of preferred Public Charging Stations;
g. reservation of the outlet of the Public Charging Stations for a default time interval prior to unlocking and starting the charging process on the selected charging station in case the outlet reservation service is operational. The Customer can view the availability of the booking service by selecting the Charging Station in the map of the App and clicking the "Book" button;
h. display of the route to reach the selected Public Charging Station;
i. unlocking the single socket and starting the charging process on the selected Public Charging Station, also via RFID card associated with the account created by the Customer following registration on the App (hereinafter, "Account");
j. monitoring of the charging process;
k. interruption of the charging process through the dedicated button on the App or via RFID card associated with the Account;
l. notification of the termination of the charging Service;
m. possible purchase and linking of an RFID card to the Account;
n. automatic payment of the fee for the charging service at Public Recharging Stations, according to the preset methods in the Account (credit card, PayPal, prepaid card);
o. visualization, in a dedicated section, of the history of the charging sessions and the invoices received;
p. acceptance and change of the selected fee plan;
q. change in the payment method associated with the Account;
r. subscription to one or more tariff plans associated with the same Account. Some tariff plans may be characterized by a dedicated display of the charging stations to which the Customer can access. The identification of special tariff plans (meaning the tariff plans that can be activated by entering a specific code) takes place by entering a unique code in the "My Account" section of the App.
s. access to real-time vehicle data (GPS, battery charge status, VIN, odometer, etc.) and/or remote control of certain functions (start, stop charging, intelligent start of the heating/air conditioning system, opening and closing doors, charging modulation, etc.) via third parties.
1.2 These General Conditions apply to the Services provided by Enel X Way in the territory in which they are available, as indicated in the App.
2. Registration and obligations of the Customer
2.1 The use of the App is only permitted to natural persons over the age of 18 at the time of signing in, and to legal persons.
2.2 To use the Services, the Customer must first sign in on the App, free of charge, by filling in the required fields. Instructions for signing in and adhering to the Service are available in the "FAQ" section within the App. The Customer can also sign in with the App using their Facebook, Google or Apple credentials, which will be verified by the respective providers (so-called social log-in). By completing the registration procedure and clicking on the "Accept" button, the Customer declares to have carefully read and expressly accepted these General Conditions.
2.3 With the same credentials inserted to sign in to the App, the Customer will have the opportunity to access the web portals and apps of the enabled Enel Group companies. If, on the other hand, the Customer is already registered on other web portals or apps of the enabled Enel Group companies, they can use the same credentials to access the App.
2.4 In order to use the Services, after completing the registration procedure, the Customer must perform the following additional operations on the App:
a. select one or more tariff plans that can be viewed in the App (hereinafter, the "Tariff Plans");
b. enter at least one payment method (credit card, prepaid card, PayPal), if required by the selected Tariff Plan.
The activation of the Service is in any case subject to the positive outcome of the verification by Enel X Way of the correctness of the data relating to the payment method entered when subscribing to the Service.
2.5 The Customer is obliged to enter the requested data on the App and guarantees that they are correct, up-to-date, and truthful. The Customer also undertakes the responsibility to promptly communicate any change in the data useful for the correct issuance of sales documents relating to the purchase of the Services. In the event of incorrect data, the Customer is required to promptly notify Enel X Way through the contacts indicated in the App.
2.6 The Customer acknowledges and accepts that, in case of communication of false, outdated, or incomplete data to Enel X Way, the latter reserves the right to suspend the access to the App and/or terminate the Contract pursuant to Article 1456 of the Italian Civil Code, withholding the sums paid by the Customer and reserving the right to claim compensation for greater damage.
3. Use of the Services without registration and obligations of the Customer
a. Charging of the electric vehicle at the Public Charging Stations compatible with the Service, to which the Customer can access through the App;
b. display on the map of the Public Charging Stations dedicated to electric vehicles compatible with the Service;
c. display of the route to reach the selected Public Charging Station;
d. unlocking of the single socket and starting of the charging process on the selected Public Charging Station;
e. monitoring of the charging process;
f. Interruption of the charging process through the appropriate button displayed on the App;
g. Notification of the termination of the charging Service;
h. Automatic payment of the fee for the Service, with the pay-per-use rate.
4. Using charging stations
4.1 The Customer, after entering the App, having identified on the map the charging point suitable for their needs, can reserve the Charging point, and start the charging. To start the charging, when nearby to the Charging Station, the Client shall select the relevant pin on the map and press the "Start Charging" button, or click directly on the "Scan" icon on the map and scan the QR code located on the monitor of the Charging Point.
Alternatively, the Client can use the physical or digital card and hold it close to the Charging Station reader. The socket will unlock and the Customer will have 90 seconds to connect the vehicle. After that, the session will start and the Customer can monitor the progress on the app.
4.2 The Customer is obliged to release the Charging Station within 60 minutes from the end of the charging session of the vehicle. In case of use of certain Public Charging Stations expressly indicated on the App, a penalty will be charged for failure to remove the charging connector from the socket, within the terms and in the manners provided for by art. 5.
5.1 In the event that the Customer does not clear the Public Charging Station by removing the connector from the socket of the Charging Station at the end of the vehicle charging session, within the deadline indicated in the detail schedule of the Public Charging Station concerned, an amount will be charged, as a penalty for failure to remove the charging socket and non-use of the service by other customers, pursuant to and for the purposes of art. 1382 c.c. ("Penalty"), as specified below.
5.2 The Penalty will be charged to the Customer for each subsequent minute specified in the detail schedule of the Public Charging Station concerned, and until the connector is removed from the socket used. In particular, Enel X Way will notify the Customer by e-mail of the amount of the Penalty and the Penalty will be charged to one or more payment methods registered by the Customer, until full satisfaction. The amount of the applicable Penalties, shown below and in the detail schedule of the Public Recharging Station concerned, is to be considered excluded from VAT pursuant to art. 15 DPR 633/72, and will be charged to the Customer depending on the types of sockets selected and the time slots as shown below:
a. for AC sockets (Type2 and Type3a), with maximum power up to 22 kW, a charge of 0.10 euros / min from Monday to Sunday, including holidays, from 7:00 to 23:00, will be applied;
b. for AC sockets (Type2 and Type3a), with maximum power up to 43 kW, a charge of 0.10 euros / min from Monday to Sunday, including holidays, from 00:00 to 24:00, will be applied;
c. for DC sockets (CHAdeMO and CCS Combo 2), with maximum power up to 150 kW, a charge of 0.20 euros / min from Monday to Sunday, including holidays, from 00:00 to 24:00, will be applied;
d. for HPC stations (CHAdeMO and CCS Combo 2), with power over 150 kW, a charge of 0.30 euros / min from Monday to Sunday, including holidays, from 00:00 to 24:00, will be applied.
The start time of the charge can be viewed in real time on the App on the screen of the recharge in progress and, at the end of the charging session, also in the "My top-ups" section.
5.3 Failure to pay the Penalties may result in the suspension and/or termination of the Contract and the related amounts will be recovered by Enel X Way in accordance with the law.
6. Duration, reconsideration and withdrawal
6.1 This Contract is completed at the time it is accepted by the Customer and is for an indefinite period.
6.2 The Customer, after having adhered to this Contract, may in any case exercise the right of reconsideration within 14 days from its completion, without charges.
Where the Customer has requested early execution, to be expressly requested on a durable medium, the Customer acknowledges that once the contract has been fully executed by Enel X Way, the Customer may no longer exercise its right of second thoughts.
In case the Customer requests the execution of the Services provided in the Contract during the expiration of the terms of the reconsideration and exercises the right of reconsideration before the contract has been entirely executed, the costs relative to the use of the Services used up to the occurred deactivation and in case of subscription the cost of the entire monthly payment can be debited. The right of reconsideration may be exercised by the Customer by sending to Enel X Way, before the expiry of the period referred to in the preceding paragraph, an express notice of the decision to withdraw from the Contract. Alternatively, the right of reconsideration can be exercised by the Customer by sending the withdrawal form made available on the information page of the site https://www.enelxway.com/it/it.
The declaration or withdrawal form must be sent to firstname.lastname@example.org. The Customer will receive feedback on the management of the reconsideration by e-mail.
6.3 Without prejudice to the provisions of article 6.2, the Customer may withdraw from this Contract at any time, by sending a request to deactivate his Account, via a written notice to the dedicated mailbox email@example.com or by calling customer care at the free number from Italy 800 069 850 or, if from outside Italy, by referring to countries contacts on Enel X Way Website https://www.company.enelxway.com/it/contatti. Enel X Way will deactivate the Account within 10 days from receipt of the email. In such case, the Customer will be invoiced for the fees relating to the Services used until the deactivation of the Service.
6.4 The withdrawal by the Customer will result in the deactivation of the Account, and the automatic termination of the Contract and any consequential relationship connected to the Service.
6.5 In case of withdrawal, Enel X Way reserves the right to keep the data relating to the methods of payment registered in the App for the time strictly necessary to allow the charging of any penalties accrued by the Customer during the contractual relationship.
6.6 Enel X Way may temporarily suspend the Customer's right to access the Services. The exercise of this right by Enel X Way will take place as a result of the Customer's failure to comply with the obligations arising from the Contract. The suspension is not an alternative to Enel X Way's right to terminate the Contract in the event of a serious breach by the Customer and to the application of Penalties. The prior suspension of the Service does not imply in any case a waiver by Enel X Way to exercise the remedy of termination for default of the Customer or withdrawal, or to recover any outstanding receivables.
7. Economic conditions
7.1 In order to use the Services through Public Charging Stations, the Customer is required to pay the fees provided for in the Tariff Plan associated with his Account, as described in the appropriate section indicated on the App. These fees are indicated with VAT included and are all-inclusive, without prejudice to the provisions of art. 5. The invoice will be issued for the amount including VAT, if due.
7.2 The Tariff Plans can be pay-per-use or on a monthly fee basis and can be viewed within the App. The cost of the Service is calculated according to the Tariff Plan subscribed by the Customer.
7.3 The Customer may also activate dedicated Tariff Plans and additional functionalities of the App using a code provided to the Customer by Enel X Way or by another Enel X Way client/partner company. The consideration for the Services will be default, according to the agreements with the aforementioned customer / partner.
a. Automotive tariff plans: tariff plans that can be activated by Customers who have subscribed to an offer with an automotive manufacturer in partnership with Enel X Way.
b. Corporate tariff plans: tariff plans that can be activated by Customers who are employees of a company that has subscribed to a "Corporate" offer with Enel X Way.
c. Special tariff plans: tariff plans that can be activated by Customers who benefit from special agreements or arrangements with Enel X Way.
d. "Set & Charge": functionality that can be activated by Customers for the charging through stations for private use managed by subjects who have previously purchased the "JuiceNet Set & Charge" platform. The price of charging on the aforementioned stations is governed by specific contractual provisions between the Customer and such subjects. Enel X Way is unrelated to these agreements.
It is hereby specified that some charging infrastructures can be displayed on the map of the App and used only by Customers who have subscribed to a specific Tariff Plan. The fees provided for by the Tariff Plans (with the exception of the "Set & Charge" function) are in any case related to the use of the Public Charging Stations.
7.4 The particular terms and conditions of each Tariff Plan are shown in the detail schedules that can be viewed on the App.
7.5 The Customer can select his tariff plan, cancel it and change it at any time with no additional charges, according to the methods of variation described below:
a. In case of change from a "pay-per-use" tariff plan (e.g. "Pay per Use Basic") to a "monthly fee" Tariff Plan, the new plan will apply within 24 hours of the request;
b. In case of change from a "monthly fee" Tariff Plan to another "monthly fee" Tariff Plan, the new Plan will apply up to a maximum of 2 hours before the date of the next renewal. (e.g. if the monthly fee tariff plan was subscribed on 1 January, and on 10 January the change of the plan is requested, the new plan will apply starting from the evening of 31 January);
c. In the event of a change from a "monthly fee" tariff plan to the "pay-per-use" tariff plan, the new plan will apply at the end of the "monthly fee" tariff plan and up to a maximum of 2 hours before the expiry date (e.g. if the monthly fee tariff plan was subscribed on 1 January, and on January 10 the change of the plan is requested, the new plan will apply starting from the evening of January 31)
d. In case of change from "Pay Per Use Premium" tariff plan to "Pay Per Use Basic" tariff plan, the new plan will apply within 24 hours of the rate change request. As of that moment, therefore, it will no longer be possible to make the reservation of the socket provided by the "Pay Per Use Premium" plan;
e. In case of cancellation of a "monthly fee" tariff plan (including the "Flat Special") the "Pay per Use Basic" plan will be automatically activated at the end of the "monthly fee" tariff plan and up to a maximum of 2 hours before the expiry date (e.g. if the monthly fee tariff plan was subscribed on January 1st, and on January 10th the cancellation of the plan is requested, the "Pay per Use Basic" plan will apply starting from the evening of January 31).
7.6 The kWh included in the "monthly fee" tariff plan can only be used in the country where the tariff was subscribed and exclusively within the current monthly payment and cannot be accumulated for subsequent monthly payments.
7.7 Some Public Charging Stations indicated on the App may be subject to partial limitation of the power available at certain times of the day. The rates applied to charging sessions provided by these infrastructures are not subject to change.
7.8 Enel X Way may update one or more Tariff Plans at any time in accordance with the timeframe, grounds and modalities of Article 17. Any change of the Tariff Plans will be communicated to the Customer by publication on the website enelxway.com and by direct notification to the Customer, by e-mail, to the e-mail address registered in the App. The new Tariff Plans will come into force 15 days after their communication via e-mail to the Customer. If the Customer does not intend to accept the changes to the Tariff Plans, they must withdraw, free of charge, from the Contract by 24:00 of the day on which the changes will come into force in the manners provided for in Article 6.4. Once this period has passed without the Customer having exercised the right of withdrawal, the new Tariff Plans will be fully applicable. In any case, the foregoing is without prejudice to the Customer's right to withdraw from the Contract at any time and without charge pursuant to Article 6.4.
8. Billing and payments for charging via Public Charging Stations
8.1 The invoice shows the charges and / or any accredits, specifying the related Services used. The invoice is sent to the e-mail address indicated during the registration and stored in the "invoice history" section of the App.
8.2 The billing frequency varies depending on the tariff plan selected as follows:
a. "Pay Per Use Basic" tariff plan: the invoice is issued and sent to the Client at the end of each charging session via the Public Charging Station;
b. "Pay Per Use Premium" tariff plan: the invoice is issued and sent to the Customer at the time of purchase of the booking service option while for charging it is issued and sent to the Customer at the end of each session;
c. Monthly tariff plan: the invoice is issued and sent to the Client on the day of subscription of the plan or renewal. The invoice includes both the fee for the reference period and any extra costs if the monthly threshold is exceeded in the month prior to renewal. The invoice is issued monthly, on the same day of each month.
8.3 The payment of the Service will be made through the payment method associated with the Customer's Account. If more than one payment method are associated with the Customer's profile, the payment of the Service will be made through the one indicated by the Customer as "default", at the time of adherence to the Service or thereafter, including prior to the start of the single recharge. In the event that the payment for the Service is not successful, Enel X Way will notify the Customer and initiate a series of attempts to charge the amount due.
8.4 If the aforementioned charge attempts are unsuccessful, Enel X Way will suspend the possibility of using the recharge service associated with the account and notify the Customer. In this case, the Customer must enter a valid payment method on the Enel X Way app, which allows Enel X Way to recover the amount due.
The recharge service associated with the Customer's account will be automatically unlocked within 7 (seven) days from the correct insertion of the valid payment method. In any case, including before such term has elapsed, the Customer may request the unlocking, by making the payment, contacting the Enel X Way toll-free number 800.069.850, during the days and times indicated in the App.
8.5 In the event that the suspension lasts for more than 30 days, Enel X Way may terminate the Contract pursuant to Article 1454 of the Italian Civil Code, after having served the Customer with a formal notice to comply within a minimum period of 15 days.
8.6 Enel X Way will make a pre-authorization as deposit - after having positively assessed the possibility to provide the service to the Customer - to verify the capacity of the card registered on the App. Pre-authorization means a temporary freezing of a specific amount on the registered card.
In particular, according to the selected tariff, Enel X Way will make the following pre-authorizations:
- in case of subscription activation, Enel X Way will make, at the time of the subscription request, a pre-authorization equal to the cost of the first month of subscription based on the selected tariff;
- in case of activation of a Pay per Use tariff, Enel X Way will make, at the same time of the request to start the recharge session, a pre-authorization equal to euro 45.
After the pre-authorization:
- in case of subscription activation, the charge equal to the cost of the first month will be offset against the pre-authorized amount;
- in case of activation of a Pay per Use tariff:
· if the Customer recharges for an amount lower than the pre-authorized amount, part of the pre-authorization will be transformed into a charge and the pre-authorized amount in excess will be released at the end of the recharge session
· if the Customer recharges for an amount greater than the amount freezed in pre-authorization, Enel X Way will cancel the pre-authorization request and will charge an amount equal to the price of the recharged kw, increased by the amounts, if any, referred to in art. 5 of this Terms and Conditions.
Pre-authorized amounts in excess will be immediately released at the end of the recharge session and made available again to the Customer according to following approximate timeframes:
· 4 days when using a credit card;
· 7 days when using a debit card;
· 21 days when using a prepaid card.
The above terms are indicative as they do not depend on Enel X Way but on the credit institutions chosen for payment.
9. Home Charging Stations
9.1 The Customer can register one or more Home Charging Stations on their Account.
9.2 Once the Home Charging Station(s) has(ve) been registered, the Customer may start and stop the recharge according to the manners indicated on the App.
9.3 Through the App, the Customer can automatically plan the recharge in the most economically convenient time slots, based on certain inputs provided by the Customer (such as, for example, the time of leaving their home) and on the information on the type of domestic Tariff, made available by the electricity supplier, by virtue of an agreement with Enel X Way.
9.4 It is hereby specified that for recharges made through Home Charging Stations, the cost of the electricity of the recharge depends on the tariff plan applied to the electricity supply of the meter to which the Home Charging Station is connected. The cost of the electricity of the recharge will be charged to the Customer by his electricity supplier in the relative bill. It is understood that Enel X Way is not a party to the contract between the Customer and its supplier for the supply of electricity that supplies all the Home Charging Stations.
10. Card RFID
10.1 The Customer has the right to purchase an RFID card through the specific section on the App. The RFID card, to be activated, must be associated with the Account through the App. The RFID card allows the Customer to start and end the recharge of the vehicle through Private Charging Stations and / or Public Charging Stations, in accordance with their Tariff Plan.
For Android devices it is also possible to download a digital card to be used directly through the App in the same manners as contemplated for the RFID card. This digital card is not available for devices other than Android.
10.2 The same RFID card can also be used for the Private Charging stations associated with the Customer's Account.
10.3 The price and the economic conditions for the purchase of the RFID card are indicated in the section of the App dedicated to this purchase.
10.4 The invoice is issued in electronic format, sent through the Exchange System (as required by the 2018 Budget Law and the ruling of the Revenue Agency of 30 April 2018) and sent by e-mail to the Customer at the time of purchase of the card and its simultaneous payment. In case of purchase with shipment to a country outside the EU, the invoice may be delivered within the next 48 working hours and any delays will be communicated to the customer by e-mail as well.
10.5 The RFID card will be sent to the shipping address indicated at the moment of the purchase.
11. Discount coupons
11.1 The Customer can use coupons that allow to benefit from discounts or promotions. The coupons allow to use the Charging Services accessible through the App, for an amount expressed in kWh. They can be activated through the App by entering the relative identification code in the dedicated section in the "Wallet" account of the App.
11.2 The identification code of each coupon, as well as all the details relating to the use of the coupon, will be sent to the Customer to the e-mail address indicated during the registration or by other methods provided by Enel X Way and/or any third-party partners who provide the coupon.
Each coupon has an expiration date and can only be used once.
12. Vehicle type registration and additional charging information and connection to a telematic provider
12.1 Within their Account, the Customer has the possibility to register one or more vehicle models, selecting them among those proposed in the appropriate menu or typing the name manually. The information entered may be modified by the Customer at any time. For each type of vehicle indicated by the Customer, some technical information - if available - relating to the vehicle (such as charging power, battery size, range) will be displayed in the App. Based on the type of vehicle selected by the Customer, during the recharge session the Customer will be able to view the following information in the App:
a. energy supplied (in kWh);
b. charging time;
c. charging power (in kW);
d. indicative estimate of the additional range (in kilometers) resulting from the recharge carried out, calculated as follows: additional range (km) = energy supplied through the recharge made (kWh) * battery range of the vehicle preselected by the Customer (km) / battery size of the vehicle preselected by the Customer (kWh)). The same measurement can also be displayed in miles with a conversion factor km/1.60934;
e. percentage of recharge added as a result of the recharge session, compared to the battery size, calculated as follows: percentage of added recharge (%) = energy delivered by the recharge made (kWh) / battery size (kWh).
f. percentage of current recharge of the vehicle battery, in case the customer has enabled the connectivity functionality between the App and the Vehicle.
12.2 The Customer acknowledges and accepts that the data referred to in art. 12.1, letters from (a) to (e) have information purposes only; therefore, the Customer agrees to use the same data and information in full decision-making autonomy. The above data and information do not refer to a particular vehicle and the figures represented may not reflect actual driving results. Except for the limits established by law, Enel X Way assumes no liability for the Customer's use of the data and information referred to in art. 12.1, letters (a) to (e).
13.1. Except in case of willful misconduct or gross negligence on the part of Enel X Way, the latter is not liable for direct, indirect, special or consequential damages of any kind caused to the Customer or third parties due to the Services, not directly and entirely attributable to Enel X Way, including in the event that a Service cannot be provided in whole or in part due to (i) malfunctions of vehicles, technological equipment, computer or telecommunications systems or (ii) causes attributable to the energy supplier and / or third parties in general.
13.2. Furthermore, any liability of Enel X Way is excluded for failure to fully or partially comply with the obligations assumed due to force majeure events such as, but not limited to: acts of the State and the Public Administration, acts of the Public Authority, legal restrictions, fires, floods, explosions, mobilizations, riots, strikes, pandemics, industrial disturbances, lack of raw materials, lack of spare parts, lack of electricity, interruption of telephone lines, malware, lack of fuel oils and others.
13.3 In any case, the Customer expressly exempts Enel X Way from any liability for any damages of any kind suffered by the Customer and/or third parties, for facts attributable to the Customer.
13.4 In any case, Enel X Way shall not be liable for malfunctions relating to the links and/or websites to which the App refers and assumes no liability for the content and/or material, including advertising, disclosed on such external sites or resources or for the products or services offered therein.
14. No Resale, Sharing or Commercial Use of the Services
14.1 The Customer's right to use the subscribed Services is personal and non-transferable. The Customer is prohibited from reselling or making any other commercial use of the Services without the written consent of Enel X Way.
14.2 The Customer undertakes to use the Services subscribed for exclusively personal reasons, in a non-collective and non-profit form; the Customer is also liable for any unauthorized use of the Services subscribed, where attributable to the Customer's account on the App; for this reason the Customer undertakes to take all such necessary precautions as to keep the access to the Services, included in the Offer, confidential through its own account on the App (for example, keeping the App login credentials confidential or notifying Enel X Way without delay that the confidentiality of these credentials is compromised for any reason). Breach of the obligations set out in this paragraph grants to Enel X Way the right to immediately terminate the Contract pursuant to Article 1456 of the Civil Code, without prejudice to compensation for damages.
15. Intellectual property rights of Enel X Way and third parties
15.1 The Customer expressly acknowledges that all intellectual property rights, which can be protected pursuant to the provisions relating to copyright or other provisions such as the Industrial Property Code, including, but not limited to, know-how, source code, software, hardware, projects, applications, patents, industrial secrets, formulas, algorithms, models, databases and the like, relating to the Services, data and other materials from Enel X Way or otherwise made available to the Customer by Enel X Way already pursuant to the General Conditions are and remain property of Enel X Way and of the subjects of which the same is a rightful licensee. The materials containing images of the vehicles displayed on the App, of which Enel X Way is the rightful licensee, are offered by Evoximages.com. It is understood that the Customer may not copy, modify, sell, assign, license, contribute, transfer to third parties any intellectual property rights or create derivative works from works protected by any right of Enel X Way and/or of the subjects of which the same is a rightful licensee, nor allow third parties to do so directly or on their electronic device (hereinafter the "Restrictions"). Lastly, the Customer acknowledges that all contents (software, images, graphics, photographs, music, sound, video, texts, data, etc.) of the promotional correspondence presented to the Customer through the WEB MAIL service or by the suppliers of WEB MAIL, are protected by current provisions applicable to copyright, trademarks, service marks, patents or other proprietary rights and laws and the Restrictions apply equally to such contents.
16. Early Termination of the Agreement
16.1 In addition to, and without prejudice to, other cases provided for in the Contract, Enel X Way has the right to immediately suspend the Customer's access to the Services, cancel the Customer's Account and/or terminate the Contract with immediate effect, pursuant to art. 1456 of the Italian Civil Code, withholding the sums paid by the Customer and reserving the right to request compensation for greater damage if:
a. the Customer has communicated to Enel X Way false data or in any case not relatable to the same, or has provided false, outdated, incomplete or misleading information, when registering to the App and/or using the Services;
b. the Customer uses one or more Services in breach of the Contract or in such a manner as could be detrimental to, or cause damage to, Enel X Way and/or third parties.
17. Modifications and assignment
17.1 In addition to the provisions of Article 7.8, Enel X Way reserves the right to make unilateral changes to these General Conditions and to the Services, including the economic conditions and the Tariff Plans, exclusively upon occurrence of justified reasons, namely:
- reasons of public interest or security,
- reasons related to the correct fulfillment of the legal or regulatory obligations incumbent upon Enel X Way;
- reasons related to the implementation of technical updates;
- technical or organizational and/or commercial reasons that require changes without which Enel X Way would be unable to continue to perform the Services covered by these General Conditions.
17.2 The above changes are notified by Enel X Way to Customers with a reasonable notice period, not lower than 15 days before their entry into force, by e-mail to the address indicated by the Customers at the time of registration and by banner displayed when accessing the App. In addition to the provisions of the previous period, the communication referred to in the previous period shall contain, among others, the indication of the reasons justifying the changes, the date on which the changes will enter into force and an indication of the withdrawal manners referred to in the following paragraph.
17.3 If the Customer does not intend to accept the changes proposed by Enel X Way, the Customer has the right to withdraw from the Contract, without penalty, no later than the date of entry into force of the same, in accordance with the procedures set out in Article 6.4. Failure to exercise the right of withdrawal within the aforementioned period implies tacit acceptance of the changes proposed by Enel X Way.
17.4 If mere editorial corrections are necessary that do not entail changes to the rights and obligations of Enel X Way and/or the Customer, these General Conditions will be automatically updated without the need for communication to the Customer. An update to these Terms and Conditions to reflect a mere change in the name of the App itself is considered a mere editorial correction.
17.5 The Customer undertakes to maintain on an adequate durable medium and to keep the General Conditions and all subsequent changes thereto that may subsequently be made to them, without prejudice to the Customer's right to request to Enel X Way a copy of the General Conditions on an adequate durable medium.
17.6 Enel X Way reserves the right to transfer or assign this Contract to third parties, or specific or all of rights and/or obligations referred to in this Contract, with notice to be sent in the same manner as specified in Article 17.2 above. The Customer is not authorized to assign or transfer to third parties the Contract, nor any of its rights and/or obligations established by the Contract, without the prior written consent of Enel X Way.
18. Protection of personal data
19. Applicable law
19.1 This Agreement shall be governed by the laws of the Italian State. In the event that any of the provisions contained in this Contract are deemed invalid, void and / or, in any case, not applicable by virtue of the current provisions of law, the remaining provisions shall be considered fully valid and effective. In the event of disputes, the Court of residency of the Customer will have jurisdiction. If the Customer has residency and domicile located outside the territory of the Italian State, the Court of Rome will have jurisdiction.
20. Alternative dispute resolution
20.1 In the event of a defective Service or an incorrect charge, the Customer may submit a written complaint to Enel X Way customer service without delay and at the latest within 45 days from the time when the relevant Service has begun to be provided, or from the moment the Customer has become, or should have become, aware of the relevant incorrect charge. The complaint must clearly specify the nature of the defect or error. The Customer shall provide Enel X Way with reasonable assistance in relation to the investigation conducted following the complaint submitted.
20.2 Pursuant to Article 141-sexies, paragraph 3 of Legislative Decree no. 206/2005 ("Consumer Code"), Enel X Way informs the Customer who also is a consumer within the meaning under the Consumer Code that, in the event that he has submitted a complaint to Enel X Way pursuant to Article 20.1 above, as a result of which, however, it was not possible to settle the dispute arisen, the Customer may devolve the amicable resolution of the dispute through conciliation to the European platform established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, the Customer who is also a consumer in the meaning under the Consumer Code can consult the list of ADR entities, find the link to the website of each of them and start an online resolution procedure of the dispute in which he is involved. The Enel X Way email address to be provided on the ODR platform is as follows: Enel X Way PEC firstname.lastname@example.org.
20.3 The Customer who is also a consumer in the meaning under the Consumer Code and who resides in a member state of the European Union other than Italy, may also access, for any dispute relating to the application, performance and interpretation of these General Conditions, to the European proceeding established for small claims, by Council Regulation (EC) no. 861/2007, of 11 July 2007.
20.4 In any case, the foregoing without prejudice to the rights of Customers, who are also consumers in the meaning under the Consumer Code, to submit to the competent ordinary judge any dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure, as well as, where the conditions are met, to promote an out-of-court resolution of disputes, where appropriate, through the use of the proceedings referred to in Part V, Title II-bis of the Consumer Code, named "Out-of-court dispute resolution".
21. Unfair terms
21.1 The Parties expressly declare that they accept the content of the following articles: 2 (Registration and obligations of the Customer), 8(Invoicing and payments for charging via Public Charging Stations), 12 (Registration of vehicle type and additional charging information)), 13 (Disclaimer),16 (Early termination of the Agreement).