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 Chile SpA (hereinafter, "Enel X Way Chile") via the “Enel X Way App (hereinafter, the “App” to customers who have registered with the App in the manner described below (hereinafter, the “Customers” or, individually, the “Customer”).
This document is available in English and Spanish. The English version is not binding and for convenience only. In case of any legal dispute, the Spanish version is authoritative.
Article 1 - Object of the contract
1.1. These General Conditions specify terms and conditions for the following Services provided by Enel X Way Chile via 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 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;
· 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 Charging 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;
· 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);
· 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 Chile in the territories 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 of age at the time of registration, and to legal persons.
2.2. In order to use the Services, the Customer must first register with the App, free of charge, by completing the required fields. Instructions for registration and subscription to the Service are available in the “FAQ” section of the App. By completing the registration procedure and clicking on the “Accept” button, the Customer confirms that these General Conditions have been read carefully and expressly accepted.
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, or if available prepaid and 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 Chile 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 Chile through the contacts indicated in the App
2.6. The Customer acknowledges and accepts that, if false, non-current or incomplete data is provided to Enel X Way Chile, the latter will be entitled to suspend access to the App and/or terminate the Contract pursuant to art. 1458 of the Chilean Civil Code, withholding the amounts paid by the Customer and reserving the right to claim compensation for any greater losses.
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 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, within the terms and in the manner provided for in art. 4.2
Article 3 – Duration and withdrawal
3.1. This Contract is for an indefinite period.
3.2. After subscribing to this Contract, the Customer may in all cases exercise the right to reconsider within 14 days of the subscription date. Should the Customer use the Services envisaged in the Contract during the reconsideration period and subsequently exercise the right to reconsider, the services used prior to deactivation will be billed. The Customer may exercise the right to reconsider by sending an e-mail to email@example.com. Once this request has been processed, the Customer will be notified accordingly by e-mail. The very fact that the Customer sends the communication does not imply the automatic termination of the Contract.
3.3. Customers may withdraw from this Contract by sending a request to deactivate their account by e-mail to firstname.lastname@example.org. Enel X Way Chile will deactivate the account within 10 days of receiving the e-mail request. In that case, the Customer will be billed for the Services consumed prior to deactivation of the Service.
3.4. Withdrawal by the Customer involves deactivation of the account, as well as automatic termination of the Contract and all relations deriving from and connected with 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
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 30 (thirty) minutes after the end of the charging session. This sum will be charged to the Customer for each minute starting from the 30th minute after the end of the charging session, and until the connector is removed from the pug used. The amount of the Additional Fee will be calculated for each subsequent minute elapsed until the moment in which the connector is removed from the socket.
This amount shall be VAT Exempt according to Art.2 D.L 825 of 1976.
If applicable, the Additional Fee is applied during the following time bands depending of the plug type used:
· for charging sessions using Type 2 (or Mennekes): $25/minute, Monday to Sunday, including holidays, from 7:00 to 23:00;
· for charging sessions using CHAdeMO and Combo CCS2 plugs: $288/minute, Monday to Sunday, including holidays, from 7:00 to 23:00.
The start time of the charge can be viewed in real time on the App in the screen of the current charging session and, at the end of the charging session, also in the "My charging sessions" section.
In the case of unilateral amended for the extra cost conditions for not removing the plug from the Charging Points Operator (CPO), Enel X Way Chile can apply the new conditions without any notice to its customers.
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 through a code provided to the Customer by Enel X Way Chile or by another Enel X Way Chile customer/partner company. The price for the Services shall be predefined according to the agreements with the above mentioned Client/Partner.
· Automotive fees: this can be activated by Customers that have subscribed to an offer from an automotive manufacturer that partners with Enel X Way Chile.
· Corporate fees: this can be activated by Customers who are employed by a firm that has subscribed to a Corporate offer from Enel X Way Chile.
· Special fees: tariff plans that can be activated by Customers who benefit of special agreements or conventions with Enel X Way Chile.
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 for in the Tariff Plans 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 and modify it at any time without any additional cost, according to the variation procedures described below:
· passing from a “Pay per Use” tariff plan to a “Flat” tariff plan, the new plan will apply after 24 hours following the request;
· passing from a "Flat" tariff plan to another "Flat" tariff plan, the new plan will apply from the month following the request, on the day following the day the previous plan was signed (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 plan will apply from 2 February);
· passing from a "Flat" tariff plan to a "pay per Use" tariff plan, the new plan will apply from the first day after the expiration date of the month during which the change has been requested;
· passing from a “Pay per Use Premium” tariff plan to a “Pay per Use Basic” tariff plan, the new plan will apply from the day following that on which the choice was made. Therefore, it will no longer be possible to make a reservation using the Pay per Use Premium plan.
4.7. 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 intervals vary depending on the selected pricing plan, 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 within the App.
The booking service can be exploited for the charging infrastructure for which the service is available. The Customer can view the availability of the booking service by selecting the charging station on the App map and clicking the “Reserve” button.
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 Chile 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 Chile will suspend use of the payment method associated with the account, or otherwise specified as the “default” method, and will inform the Customer about the situation. In that case, the Customer must indicate a valid payment method that enables Enel X Way Chile to recover the amount due.
Failing this, Enel X Way Chile will make a further attempt to debit the amount due from the Customer and, if this is also unsuccessful, Enel X Way Chile will block the Customer’s Tariff Plan. In that case, the Customer must indicate a valid payment method that enables Enel X Way Chile to recover the amount due. The Customer’s Tariff Plan will be unblocked automatically within 7 (seven) days of inputting correctly a valid payment method. In any event, even before this period has elapsed, the Customer may request Enel X Way Chile to unblock the Tariff Plan by: email@example.com.
5.5. Should the suspension extend for more than 30 days, Enel X Way Chile may terminate the contract pursuant to art. 1489 of the Chilean 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 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 relative bill. It is understood that Enel X Way Chile 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 acquire an RFID card via the relevant section within the App. The Customer can only purchase one RFID card. The RFID is activated by associating it with the App. The RFID card enables the Customer to start and stop vehicle charging sessions at Private Charging Stations and/or Public Charging Stations, in accordance with the pricing plan selected for the Account with which the card is associated.
For Android devices, it is possible to download also 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. RFID Enel X Way card is free of cost, and it may be withdrawn at Enel X Way offices (contact the email address firstname.lastname@example.org). In case of requesting delivery, client shall pay for the cost.
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 in the “My Wallet” menu 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 Chile and/or by the others third part who associate 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 kilometres) 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 Chile 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 wilful misconduct or gross negligence, Enel X Way Chile is not liable for any direct or indirect losses caused to the Customer or third parties that are not directly attributable to Enel X Way Chile, such as losses due to changes in the methods, operating times and/or conditions of delivery of the Service caused by malfunctions of vehicles, technological equipment, IT and telecommunication systems and, in any event, arising from causes attributable to the energy supplier and/or to third parties in general.
10.2. In addition, Enel X Way Chile 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, industrial disruption, lack of raw materials, lack of electricity, interruption of telephone services, lack of fuel and other oils.
10.3 Enel X Way Chile may at any time and without previous notice, permanently discontinue or interrupt the Services. Whenever reasonably possible, Enel X Way Chile shall previously warn the discontinuation or termination of the Services.
10.4 The Customer undertakes to use the Services exclusively for lawful purposes, allowed by applicable legislation, by customary laws and by the diligence and care rules, in any event without affecting the rights of any third party. The Customer is solely responsible for the confidentiality of his/her Account, and therefore, is solely responsible for the use of the Account and the App, even if such use is made by individuals not authorized by him/herself. Enel X Way Chile is no liable for any direct or indirect losses arising from non-fulfilment of these obligations.
Article 11 - No resale or commercial use of the Services
The right of the Customer to use the Services is personal and non-transferable. The Customer is not permitted to resell or make any other commercial use of the Services without written consent from Enel X Way Chile.
Article 12 – Intellectual property rights of Enel X Way Chile and third parties
The Customer expressly recognises that all intellectual property rights, protected on the basis of copyright rules or other provisions such as the Industrial Property Code, including, but not limited to, know-how, source code, software, hardware, plans, applications, patents, industrial secrets, formulas, algorithms, models, databases and the like, relating to the Services, data and other materials originating from Enel X Way Chile or, in any case, made available to the Customer by Enel X Way Chile pursuant to the General Conditions are and remain the property of Enel X Way Chile 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 Chile is the legitimate licensee, are powered by Evoximages.com. The Customer may not copy, modify, sell, grant, license, confer, transfer to third parties or create works derived from any right of Enel X Way Chile and/or the subjects of which the same is a legitimate licensee, or allow third parties to do so via the Customer or its electronic device. Lastly, the Customer acknowledges that all content (software, images, graphics, photographs, music, sound, video, text, data etc.) of the promotional correspondence presented to the Customer via the WEB MAIL service or by WEB MAIL providers, is protected by the applicable rules on copyright, trademarks, service marks, patents or other proprietary rights and laws.
Article 13 - Amendments
13.1. Enel X Way Chile is entitled at any time to amend these present Terms and Condition and the Services, including the related economic conditions and Pricing Plans, for objective technical, organisational and/or commercial reasons, on condition that these amendments do not impede satisfaction of the principal obligations accepted.
13.2. The above amendments are communicated by Enel X Way Chile to Customers with a reasonable notice period, not less than 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. 3 “Duration and Withdrawal”. The use of even just a Service by the Customer constitutes a confirmation of his will to adhere to this General Conditions and its amendments.
Article 14 – Protection of personal data
Article 15 - Applicable law
This Contract is governed by the laws of the Republic of Chile. Should any of the provisions set down herein be deemed invalid, void and/or otherwise inapplicable by virtue of the legal provisions in force, all remaining provisions will nonetheless be deemed fully valid and effective. All disputes will be referred to the court with jurisdiction over the area in which the Customer is resident or domiciled. If the customer is resident or domiciled outside the Republic of Chile, the Courts of Chile will have jurisdiction.
Article 16 – One-sided terms
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 Chile and third parties),13 (Amendments), 14 (Protection of Personal Data) & 15 (Applicable law)