UPDATED TERMS AND CONDITIONS

EFFECTIVE FROM 01/03/2020.

Article 1 – Terms and conditions

1.1. These general contractual conditions (hereinafter, "General Conditions" or "Contract") specify terms and conditions for the services described below (hereinafter, the "Services" or, individually, the "Service") that are provided by Enel X Chile SpA (hereinafter, “Enel X Chile”) via the “Enel X JuicePass” App (hereinafter, “App”) to customers who have registered with the App in the manner described below (hereinafter, the “Customers” or, individually, the “Customer”).

1.2. In order to use the Services, the Customer must access the App, register by completing the required fields and accept these General Conditions.

Article 2 - Object of the contract

2.1. These General Conditions specify terms and conditions for the following Services provided by Enel X Chile via the App:

2.2 These General Conditions apply to the Services provided by Enel X Chile in the territories in which they are available, as indicated in the App.

Article 3 – Registration and Customer’s subscription

3.1. Use of the App is reserved solely for natural persons over the age of 18 at the time of registration, and for legal persons.

3.2. 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.

3.3 The Customer can use the access credentials input on registration with the App to access, to the extent compatible, the web portals and apps of other Enel Group companies. If, however, the Customer has already registered with compatible web portals or apps administered by other Enel Group companies, the same credentials can be used to log into the App.

3.4 After registration, the Customer must use the App to carry out the following additional operations in order to use the Services:

Activation of the Service is, in all cases, subject to positive verification by Enel X Chile of the payment instrument input when subscribing to the Service.

3.5. The Customer must input the required data to the App and guarantee that it is correct, current and true. The Customer also agrees to communicate on a timely basis all changes in the data needed for the proper issue of sales documents following the purchase of Services. If the data is incorrect, the Customer must notify Enel X Chile on a timely basis.

3.6. The Customer acknowledges and accepts that, if false, non-current or incomplete data is provided to Enel X 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.

3.7. Customers that wish to use the App without registering may only use the services indicated below, after inputting the data needed for payment and invoicing purposes:

3.8. The Customer is bound to set free the charging station at the end of the vehicle charging activity. In case of use of certain Public Charging Stations expressly indicated on the App, an additional amount will be charged at the end of the vehicle charging activity if the Customer will not remove the plug from the Public Charging Stations socket, within the terms and in the manner provided by art. 5.2.

Article 4 – Duration and withdrawal

4.1. This is an open-term contract. 

4.2. 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 soporte.juicepasschile@enel.com. Once this request has been processed, the Customer will be notified accordingly by e-mail.

4.3. Customers may withdraw from this Contract by sending a request to deactivate their account by e-mail to soporte.juicepasschile@enel.com. Enel X 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.

4.4. 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 5 – Economic conditions

5.1. In order to use the Services via Public Charging Stations, Customer must pay the prices envisaged in the Pricing Plan associated with his/her Profile, as described in the relevant section of the App and on the website https://www.enelx.com/cl/es. Such prices are specified on a VAT-included basis and cover all charges, except for those envisaged in art. 5.2.

5.2. In case of usage of certain Public Charging Stations expressly identified in the App, an additional amount will be charged at the end of the vehicle charging activity if the Customer will not remove the plug from the Public Charging Stations socket after 30 (thirty) minutes elapsed from the end of the vehicle charging activity. 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:

5.3 Pricing plans on a Pay per Use or monthly fee basis are available for “Private” profiles. The cost of the Service is calculated with reference to the pricing plan selected for the Profile. Use of the Services is subject to subscription by the Customer to one of the pricing plans indicated in the App.

5.4 Customer may only activate the “Automotive”, “Corporate” or “Special” Profiles by using a code provided to the Customer by Enel X Chile or by a customer/partner firm of Enel X Chile. The charge for the Services will be predetermined with reference to the agreements reached with the above customer/partner firm.

In particular, the Customer may activate one of the following Profiles:

Each profile can be configured to display on a map the specific charging stations available.

5.5. The terms and conditions for each Pricing Plan are presented on detail sheets available within the App.

5.6. Customers with a Private Profile can choose their pricing plan and change it at any time at no additional cost, by following the procedures set out below:

5.7. Some Public Charging Stations may partially restrict the power available at certain times of day. The prices applied to charging sessions delivered by these stations remain unchanged.

Article 6 - Billing and payment for charging at Public Charging Stations

6.1. Invoices or bills issued show all amounts debited and/or credited and specify the corresponding services used. Invoices or bills are sent to the e-mail address provided at the time of registration and filed in the “billing history” section of the App.

6.2. Billing intervals vary depending on the selected pricing plan, as indicated below:

The bill includes both the fee for the reference period, that is the plan value, and any additional costs payable as a result of usage exceeding the monthly limit in the month prior to renewal. The invoice is issued on a monthly basis, on the same date every month.

The booking service is available at all charging stations managed by Enel X; however, the service is not guaranteed for charging stations managed by other operators.

6.3. The payment method is specific to each profile associated with the account.

The Service will be paid for using the payment method associated with the user profile. If more than one payment method is associated with the user profile, the Service will be paid for using the “default” method specified by the Customer on subscription to the Service or subsequently. If payment for the Service is unsuccessful, Enel X Chile will inform the Customer and make a series of attempts to charge the amount due.

6.4. If these attempted charges are unsuccessful, Enel X Chile will suspend use of the payment method associated with the profile, 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 Chile to recover the amount due.

Failing this, Enel X Chile will make a further attempt to debit the amount due from the Customer and, if this is also unsuccessful, Enel X Chile will block the Customer’s profile. In that case, the Customer must indicate a valid payment method that enables Enel X Chile to recover the amount due. The Customer’s profile 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 Chile to unblock the profile by calling the Contact Center number: 600 2300 200.

6.5. Should the suspension extend for more than 30 days, Enel X 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 7 – RFID card

7.1. The Customer can purchase 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 profile selected by the Customer. The RFID card can only be associated with one Customer profile and, therefore, cannot be associated simultaneously with multiple Customer profiles. 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 profile with which the card is associated. It is possible to associate the same RFID card (although not simultaneously) with all configured profiles and to associate different RFID cards with different profiles.

7.2. To charge vehicles at Private Charging Stations, Customers must associate the RFID card with their domestic wallbox via the section of the App dedicated to the Wallbox. The RFID card can be associated with the Private profile to enable charging at both Public Charging Stations and domestic wallboxes, where configured.

7.3. The price and economic conditions for purchasing an RFID card are specified in the relevant section of the App.

7.5. RFID Enel X card is free of cost, and it may be withdrawn at Enel X offices (contact the email address soporte.juicepasschile@enel.com). In case of requesting delivery, client shall pay for the cost.

Article 8 – Discount coupons 

8.1. The Customer may use coupons that grant access to discounts or promotions. Coupons enable charging services to be used via the App, up to a specified number of kWh. They are activated via the App by inputting the identification code to the relevant section found in the user profile or in the “Other” menu, depending on the characteristics of the coupon. Each coupon has an expiry date and can only be used once.

8.2. All details relating to the use of coupons are provided in the explanatory notes for each coupon.

Article 9 – Disclaimer

9.1. Except in cases of wilful misconduct or gross negligence, Enel X 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 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.

9.2. In addition, Enel X 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.

Article 10 - 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 Chile.

Article 11 – Intellectual property rights of Enel X 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 Chile or, in any case, made available to the Customer by Enel X Chile pursuant to the General Conditions are and remain the property of Chile and the parties for which the latter is a legitimate licensee. The Customer may not copy, modify, sell, grant, license, confer, transfer to third parties or create works derived from any right of Enel X Chile, 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 12 - Amendments

12.1. Enel X 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.

12.2. Enel X Chile is entitled to amend these General Conditions at any time and for the future, for technical, organisational and/or commercial reasons.

12.3. Enel X Chile will notify Customers about the above amendments at least 15 days before they come into force, both by e-mail sent to the address provided at the time of registration and when logging into the App. Should Customers not intend to accept these amendments, they are entitled to withdraw from the Contract in the manner indicated in art. 4 “Duration and Withdrawal”.

12.4. The use of even just one Service by the Customer will constitute confirmation of acceptance of the General Conditions, any special conditions relating to the Service (depending on the specific Profile) and the related subsequent amendments. The Customer agrees to store and keep the General Conditions and any and all subsequent amendments on a suitable, durable medium, without prejudice to the right of the Customer to request a copy of the General Conditions from Enel X Chile.

Article 13 – Protection of personal data

The personal data of the Customer will be processed exclusively in accordance with the current regulations governing the processing of personal data. The Privacy Policy can be consulted at any time, in the relevant section of the App – Terms and Conditions.

Article 14 - Governing 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 15 – One-sided terms

The Parties expressly confirm acceptance of the contents of Articles 4 (Duration and withdrawal), 5 (Economic Conditions), 6 (Billing and payment for charging at Public Charging Stations), 9 (Disclaimer), 10 (No resale or commercial use of the Services), 11 (Intellectual property rights of Enel X Chile and third parties), 12 (Amendments), 13 (Protection of personal data), 14 (Governing law).