The present general conditions of contract (hereinafter, "General Conditions" or "Contract") govern the terms and conditions of the services as described below (hereinafter, the "Services" or, individually, the "Service") provided by Enel X Way S.r.l. (hereinafter, "Enel X Way") through the "Enel X Way " app (hereinafter, " App") to customers who registered on the App as indicated below (hereinafter, the "Customers" or, individually, the "Customer").
In order to use the Services, the Customer must access the App, register by completing the required fields and accept these General Conditions.
This English version is not binding and for convenience only. In case of any legal dispute, the Italian version is authoritative.
Article 1 - Purpose of the Contract
1.1 These General Conditions govern the terms and conditions of the Services described below, provided by Enel X Way, directly and or through its sub-contractors, by means of the App:
· charging the electric vehicle at public accessible charging points through the App or through the associated RFID card (hereinafter, the "Public Charging Stations") compatible with the Service;
· display on a map of the Public Charging Stations dedicated to electric vehicles compatible with the Service;
· management via the App or RFID card of charging start and stop at charging points for domestic use and/or at boxes/garages separated from the main home (hereinafter, the "Domestic Charging Stations") or for company use (hereinafter, the "Corporate Charging Stations"), whose access is reserved only to authorized Customers via the App. Domestic Charging Stations and Corporate Charging Stations are collectively referred to as “Private Charging Stations”;
· deferred start of domestic charging and configuration of the charging duration;
· programming of charging at Domestic Charging Stations;
· setting of favorite Public Charging Stations;
· booking of a Public Charging Stations plug for a predefined time before unlocking and starting the charging session, if the plug reservation service is operational. The Customer can view the availability of the booking service by selecting the charging station on the App map and clicking the “Reserve” button;
· display of the route to the selected Public Charging Station;
· unlocking of the single plug and start of the charging session on the selected Public Charing Station, also through RFID card associated to the account created by the Customer after registration on the App (hereinafter, "Account");
· monitoring of the charging session;
· stop of the charging session through the dedicated button on the App or through the RFID card associated to the Account;
· notification of the end of the charging session;
· possible purchase and association of an RFID card to the Account;
· automatic payment of the charging service fee at Public Charging Stations, according to the methods preset in the Account (credit card PayPal, prepaid);
· display, in a dedicated section, of the history of the charging sessions and the invoices received;
· acceptance and modification of your tariff plan;
· change of the payment method associated with the Account;
· subscription to one or more tariff plans associated to the same Account. Some tariff plans may feature a dedicated view of the charging stations the Customer can access. The identification of special tariff plans (i.e. tariff plans that can be activated by entering a specific code) is done by entering a unique code in the "My Account" section of the App.
1.2 These General Conditions apply to the Services provided by Enel X Way in areas in which they are available, as indicated in the App.
Article 2 – Registration and Customer’s subscription
2.1 The use of the App is allowed only to natural persons over 18 years at the time of registration, and to legal persons.
2.2 To use the Services, the Customer must first register on the App, free of charge, by filling in the required fields. The instructions for registering and joining the Service are available in the "Frequently Asked Questions" section of the App. By completing the registration procedure and clicking on the "I accept" button, the Customer declares that he/she has carefully read and expressly accepted these General Conditions.
2.3 Using the same credentials entered for registration to the App, the Customer will be able to access the web portals and apps of Enel Group companies enabled. If, on the other hand, the Customer is already registered with other web portals or apps of Enel Group companies enabled, he/she may use the same credentials to access the App.
2.4 In order to use the Services, after completing registration, the Customer must perform the following additional operations on the App:
· select and subscribe to one or more tariff plans that can be viewed on the App (hereinafter, the "Tariff Plans");
· insert at least one payment method (credit card, prepaid, Paypal), if required by the signed 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 itself.
2.5. The Customer is obliged to enter the requested data on the App and he guarantees that those are correct, updated and truthful. The Customer also undertakes to promptly communicate any changes in the data useful for the correct issue of sales documents relating to the purchase of Services. In case of incorrect data, the Customer must promptly notify Enel X Way through the contacts indicated in the App.
2.6 The Customer acknowledges and accepts that, if it has communicated to Enel X Way false, outdated or incomplete data, Enel X Way reserves the right to suspend access to the App and/or to 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 the greater damages.
2.7 Customers who wish to use the App without registering will only be able to use the services indicated below, after entering data necessary for payment and invoicing:
· charging the electric vehicle at the Public Charging Stations compatible with the Service, which the Customer can access via the App;
· visualization on the map of the Public Charging Stations dedicated to electric vehicles compatible with the Service;
· display of the itinerary to reach the selected Public Charging Stations;
· unlock the single plug and start the charging session on the selected Public Charging Station;
· monitoring of the charging session;
· interruption of the charging session using the appropriate button displayed in the App;
· notification of the end of the charging session;
· automatic payment of the fee for the Service, with the consumption rate.
2.8 The Customer is obliged to vacate the charging station at the end of the vehicle charging session. In case of use of certain Public Charging Stations expressly indicated on the App, an extra cost will be charged for not removing the charge connector from the plug, as per art. 4.2.
Article 3 – Duration and withdrawal
3.1 This Contract is for an indefinite period.
3.2 The Customer can reconsider its adhesion to the Contract within 14 days from the adhesion to this Contract. If the Customer requests the performance of the Services provided for in the Contract during the period of reconsideration and subsequently exercises the right of reconsideration, the costs relating to the use of the Services used may be charged pro rata temporis until deactivation. The Customer may exercise the right of reconsideration by sending a communication to the mailbox email@example.com. The Customer will receive a feedback about the management of the reconsideration by email.
3.3 The Customer may withdraw from this Contract at any time, by sending a request to deactivate his Account, by sending a written notice to the dedicated mailbox firstname.lastname@example.org . Enel X Way will deactivate the Account within 10 days from receiving the email. In this case, the Customer will be invoiced the fees for the Services used until the deactivation of the Service.
3.4 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.
Article 4 – Economic conditions
4.1 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/her Account, as described in the relevant section indicated on the App. Such fees are indicated with VAT included and are all-inclusive, without prejudice to the provisions of art. 4.2. The invoice will be issued for the amount including VAT, if due.
4.2 In case of use of certain Public Charging Stations expressly indicated on the App, an extra cost will be charged for not removing the charge connector from the plug, within the following minutes (specified in the detail sheet of the single Public Charging Station concerned) after the end of the charging session. This sum will be charged to the Customer for each minute starting from the minutes specified in the detail sheet of the single Public Charging Station concerned after the end of the charging session, and until the connector is removed from the plug used. The amount of this sum is shown below and in the detail sheet of the individual Public Charging Station concerned, it is to be considered VAT excluded (art. 15 DPR 633/72), and it will be charged to the Customer in the following time bands, differentiated according to the type of plug selected:
· for AC plugs (Type2 and Type 3a), with maximum power up to 43 kW, there is a charge of 0.09 euros / min from Monday to Sunday, including holidays, from 7:00 to 23:00;
· for DC plugs (CHAdeMO and CCS Combo 2), with maximum power up to 50 kW, there is a charge of 0.18 euro / min from Monday to Sunday, including holidays, from 00:00 to 24:00;
· for the HPC Stations (CHAdeMO and CCS Combo 2), with maximum power up to 350 kW, there is a charge of 0.18 euro / min from Monday to Sunday, including holidays, from 00:00 to 24:00.
The start time of the charge can be viewed in real time on the App on the screen of the current charging session and, at the end of the charging session, also in the "My charging sessions" section.
4.3 Tariff Plans can be of pay per use type or of monthly fee type and they can be viewed in the App. The cost of the Service is calculated according to the Tariff Plan signed by the Customer.
4.4 The Customer may also activate dedicated Tariff Plans and additional features on the App through a code provided to the Customer by Enel X Way or by another Enel X Way client/partner . The price for the Services shall be predefined according to the agreements with said client/partner.
· Automotive fees: tariff plans that can be activated by Customers who have signed an offer with an automotive manufacturer in partnership with Enel X Way;
· Corporate fees: tariff plans that can be activated by Customers who are employees of a company that have signed a "Corporate" offer with Enel X Way;
· Special fees: tariff plans that can be activated by Customers who benefit from special agreements or conventions with Enel X Way.
· “Set&Charge”: functionality that can be activated by Customers for charging through Private Charging Stations managed by subjects who have previously bought the “JuiceNet Set&Charge” dashboard. The charging price in the above stations is regulated by specific contractual provisions between the Customer and those subjects. Enel X Way is extraneous to these agreements.
Please note that some of the charging points displayed in the App map can be used only by Customers who have subscribed to a specific Tariff Plan. The prices provided in the Tariff Plans (excluding “Set&Charge” functionality) are in any case related to the use of the Public Charging Stations.
4.5 Terms and conditions of each Tariff Plan are shown in the detail sheets that can be viewed on the App.
4.6 The Customer may choose his/her own Tariff Plan,modify and unsubscribe it at any time without any additional cost, according to the variation procedures described below:
· passing from a “Pay per Use” Tariff Plan (for example Pay per Use Basic) to a “Flat” Tariff Plan (for example Flat City), the new Tariff Plan will apply within 24 hours after the request;
· passing from a "Flat" Tariff Plan (for example Flat City) to another "Flat" Tariff Plan (for example Flat Travel), the new Tariff Plan will apply at the following renewal (e.g. if the monthly flat Tariff Plan was signed on 1 January, and on 10 January you request a change to the plan, the new Tariff Plan will apply from 1 February);
· passing from a "Flat" Tariff Plan (for example Flat City) to a "Pay per Use" Tariff Plan (for example Pay per Use Basic), the new Tariff Plan will apply at the expiration of the “Flat” Tariff Plan (e.g. if the monthly flat Tariff Plan was signed on 1 January, and on 10 January you request a change to the plan, the new Tariff Plan will apply from 1 February);
· passing from a “Pay per Use Premium” Tariff Plan to a “Pay per Use Basic” Tariff Plan, the new Tariff Plan will apply within 24 hours after the request. Therefore, from that moment, it will no longer be possible to make a reservation using the Pay per Use Premium plan.
· Unsubscribing a “Flat” Tariff Plan (Flat Special included) a “Pay per Use Basic” Tariff Plan will be automatically activated at the expiration of the “Flat” Tariff Plan (e.g. if the monthly flat tariff plan was signed on 1 January, and on 10 January you request to unsubscribe the plan, the “Pay per Use Basic” Tariff Plan will apply from 1 February);
4.7 kWh included in the "monthly fee" Tariff Plan can only be used within the current month and cannot be accumulated for subsequent months.4.8 Some Public Charging Stations reported on the App may be subject to partial limitation of available power at certain times of the day. Prices applied to the charging sessions provided by these points are not subject to any change.
Article 5 - Billing and payment for charging at Public Charging Stations
5.1 Bill shows charges and/or any credits, specifying the associated service. The bill is sent to the email address provided at the time of registration and filed in the “billing history” section of the App.
5.2 Billing period varies according to the Tariff Plan selected as indicated below:
· “Pay per Use” tariff plan: the bill is issued and sent to the Customer at the end of each charging session at Public Charging Stations;
· “Pay per Use Premium” tariff plan: the bill is issued and sent at the time of purchasing the booking service option, whereas for charging sessions it is issued at the end of each charging session;
· “Flat” tariff plan: the bill is issued and sent to the Customer on the day the plan is signed or renewed. The bill includes both the fee for the reference period and any extra costs payable as a result of usage exceeding the monthly threshold in the month preceding the renewal. The bill is issued monthly, on the same date every month. The residual kWh can be viewed on the App.
5.3 The Service will be paid through the payment method associated with the Customer’s Account. If more than one payment method is associated with the Customer’s account, the Service will be paid through that indicated by the Customer as “default” method, at the time of joining the Service or subsequently, even before the start of the single charging session. If payment is unsuccessful, Enel X Way will notify the Customer and make a series of attempts to charge the due amount.
5.4 If these attempted charges are unsuccessful, Enel X Way will suspend the charging service and will inform the Customer accordingly. In that case, the Customer must indicate in the App a valid payment method that enables Enel X Way to recover the amount due.
The charging servicewill be unblocked automatically within 7 (seven) days from the correct insertion of the valid payment method. In any case, even before this period has expired, the Customer may request the release by contacting the tollfree number of Enel X Way on the days and times indicated in the App.
5.5 In the case of the suspension lasts for more than 30 days, Enel X Way may terminate the Contract pursuant to art. 1454 of the Italian Civil Code, after issuing a final demand giving at least 15 days’ notice.
Article 6 – Domestic Charging Stations
6.1 The Customer can register one or more domestic charging stations on his Account.
6.2 Once the registration of the domestic Charging Stations has been done, the Customer will be able to start and stop the charging sessions according to the methods indicated on the App.
6.3 The Customer can automatically schedule through the App the recharge session in the most convenient time slots, based on determined inputs provided for by the Customer (included, but not limited to, the departure time from home) and information related to the type of domestic tariff plan, made available from the electricity supplier, on the basis of an agreement with Enel X Way.
6.4 It should be noted that for charging sessions made through Domestic Charging Stations, the cost of electricity for the charging sessions depends on the Tariff Plan applied by the electricity supplier to which the Domestic Charging Station is connected. The cost of electricity will be charged to the Customer by its electricity supplier in the corresponding bill. It is understood that Enel X Way is not part of the Contract between the Customer and its supplier for the administration of the electricity that powers all Domestic Charging Stations.
Article 7 – RFID card
7.1 The Customer can purchase an RFID card through the dedicated section on the App. To be activated, the RFID card must be associated with the Customer’s Account on the App. The RFID card allows the Customer to start and end the vehicle charging session through Private Charging Stations and/or Public Charging Stations, in accordance with its Tariff Plan.
For Android devices, it is possible to also download a digital card to be used directly through the App in the same way as for the RFID card. The digital card is not available for devices different from the Android ones.
7.2 The same RFID card can also be used for the Private Charging Stations associated with the Customer’s Account.
7.3 The price and economic conditions for the purchase of the RFID card are specified in the relevant section of the App.
7.4 Bill is issued in an electronic format, routed through the Exchange System (as required by the 2018 Italian Budget Law and the Revenue Agency’s provision dated 30 April 2018) and sent by e-mail at the time of purchasing and its contextual payment. In case of purchase sent to a non-EU country, bill should be delivered within the following 48 working hours and the Customer will be notified of any delays by e-mail.
7.5 The card will be sent to the shipping address indicated during the purchase step.
Article 8 – Discount coupons
8.1 The Customer may use coupons that guarantee to take advantage of discounts or promotions. Coupons enable the charging services to be used through the App, for an amount expressed in kWh. They can be activated through the App by entering the relevant identification code in the dedicated section “Wallet” under the “My Account” of the App.
8.2 The identification code of each coupon, as well as all the details relating to the use of the coupon, will be assigned to the Customer at the e-mail address indicated during registration or in another way provided by Enel X Way and/or by any Enel X Way partner who has provided the coupon.
Each coupon has an expiration date and can be used only once.
Article 9 – Registration of the vehicle type and additional information on charging session
9.1 Within the Account, the Customer has the option of registering one or more vehicle models, selecting them from those proposed in the menu or typing their name manually. The information entered can be changed 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, autonomy) will be shown on the App. Based on the type of the selected vehicle, during the charging session the Customer can view the following information on the App:
a) energy supplied (kWh);
b) charging time;
c) charging power (kW);
d) indicative estimate of the additional autonomy (in kilometers) deriving from the charging session supplied, calculated as follows: additional autonomy (km) = energy supplied by charging session (kWh)* autonomy of the vehicle battery pre-selected by the Customer (km) / size of the vehicle battery pre-selected by the Customer (kWh). The same measure can also be represented in miles with a conversion factor km/ 1.60934;
e) percentage of top-up of the charging session, with respect to the battery size, calculated as follows: percentage of top-up (%) = energy supplied by the charging session (kWh) / battery size (kWh).
9.2 The Customer accepts that the information referred to art. 9.1, letters a) - e) are marked as informative, therefore the Customer agrees to use the same information in full decision-making autonomy. The above information does not apply to a vehicle and the values shown must not reflect the actual driving results. Except for the limits established by law, Enel X Way assumes no responsibility for the use by the Customer of the information referred to art. 9.1, letters a) - e).
Article 10 – Disclaimer
10.1 Except in cases of willful misconduct or gross negligence, Enel X Way is not liable for any direct or indirect losses caused to the Customer or third parties that are not directly and wholly attributable to Enel X Way, including in case a Service could not be wholly or partially be rendered due to (i) malfunctions of vehicles, technological equipment, IT systems or telecommunications or (ii) causes attributable to the energy supplier and/ or to any third party .
10.2 In addition, Enel X Way is not liable in any way for total or partial non-fulfilment of its obligations as a result of force majeure, including but not limited to: deeds of the State and the Public Administration, deeds of the Public Authorities, legal restrictions, fire, flood, explosion, agitation, riots, strikes, pandemic, industrial disruption, lack of raw materials, lack of spare parts, lack of electricity, interruption of telephone services, malware, lack of fuel and other oils.
Article 11 - No Services resale or commercial use
The Customer’s right to use the Services is personal and non-transferable. It is not permitted to resell or make any other commercial use of the Services without written consent from Enel X Way.
Article 12 – Intellectual property rights of Enel X Way and third parties
The Customer expressly recognizes that all intellectual property rights, granted on the basis of copyright rules or other provisions such as the Industrial Property Code, protecting for example know-how, source code, software, hardware, plans, applications, inventions, industrial secrets, formulas, algorithms, models, databases and similar, relating to the Services, data and other materials from Enel X Way or, in any case, made available to the Customer by Enel X Way pursuant to the General Conditions are and remain the property of Enel X Way and the parties for which the latter is a legitimate licensee. The materials containing vehicle images that can be viewed on the App, of which Enel X Way is the legitimate licensee, are powered by Evoximages.com. The Customer shall not copy, modify, sell, grant, license, transfer to third parties any intellectual property rights or create works derived from works protected by any right of Enel X Way and/or of which the same is a legitimate licensee nor allow third parties to do so directly or via its electronic device (hereinafter “the Restrictions”). Finally, the Customer acknowledges that all content (software, images, graphics, photographs, music, sound, video, text, data etc.) of the promotional correspondence, shown to the Customer via the WEB MAIL service or by WEB MAIL providers, are protected by the applicable rules on copyright, trademarks, service marks, patents or other proprietary rights and laws and the Restrictions apply likewise to such content.
Article 13 – Amendments and assignment
13.1 Enel X Way is entitled at any time to amend these present Terms and Condition and the Services, including the related economic conditions and Tariff Plans, for technical, organisational and/or commercial reasons, on condition that these amendments do not impede satisfaction of its principal obligations.
13.2 The above amendments are communicated by Enel X Way to Customers with a reasonable notice period, not less that 15 days before their entry into force, by notification to e-mail indicated by the Customers at the time of registration and by accessing the App. If the Customer does not intend to accept the amendments, he will have the right to withdraw from the Contract in the manner indicated in art. 4 “Duration and Withdrawal”.
If the amendments consist in mere editorial corrections implying no modifications in the rights and obligations of Enel X Way and/or the Customer, the present Terms and Conditions will be automatically updated without the need to be communicated to the Customer. An update of the present Terms and Conditions to reflect a mere change in the name of the same App is deemed to be a mere editorial correction.
13.3 The use of just a single Service by the Customer constitutes a confirmation of his will to adhere to the General Conditions, to any conditions of the Service itself and to the subsequent amendments. The Customer undertakes to comply with the General Conditions and any subsequent amendments.
13.4 Enel X Way may transfer or assign this Contract, and any of its rights and/or obligations under the Contract, in whole or in part, to any third party, upon notice to be sent in the same manner as in article 13.2 above. The Customer may not assign or transfer this Contract, in whole or in part, nor any of its rights and/or obligations under the Contract, to any third party, without the prior written approval of Enel X Way.
Article 14 – Protection of personal data
Article 15 - Applicable law - Jurisdiction
This Contract is governed by the laws of the Italian Republic. In case some of the provisions of the Contract are deemed invalid, void and/or otherwise inapplicable by virtue of the legal provisions in force, all the other remaining provisions will nonetheless be deemed fully valid and effective. In case of disputes, the Customer’s jurisdiction will be competent. If, howeverthe Customer has a residence and address located outside the Italian State, the Court of Rome will have the sole jurisdiction.
Article 16 –Vexatious clauses
Parties expressly declare to accept the contents of the following articles: 3 (Duration and withdrawal), 4 (Economic Conditions), 5 (Billing and payment for charging through Public Charging Stations), 9 (Registration of vehicle type and additional information on charging session), 10 (Disclaimer), 11 (No resale or commercial use of the Services),12 (Intellectual property rights of Enel X Way and third parties),13 (Amendments and assignment), 15 (Applicable law).