Article 1 - General terms and conditions Enel X JuicePass

 

This document governs the terms and conditions (hereinafter referred to as the "General Terms" or "the Contract") that will apply to all "Enel X JuicePass" services (hereinafter referred to as the "Services" or, separately, the "Service") provided by Enel X Romania S.R.L  for Customers or unregistered users, in accordance with the procedures set forth below.

To use the services it will require prior registration as a Customer (hereinafter referred to as "Customer") in accordance with the guidelines provided in the next section "Registration and subscription to the service" by accepting the General Terms and Conditions described below.

Access to services is possible also for unregistered users, as described in art. 7 below.

 

Article 2 - Purpose of the contract

 

2.1 The subject of the contract is to enable access to charging services, through the “Enel X JuicePass” app as identified below:

 

·        Acces to public charging stations through the app or using a RFID card;

·        Visualization on the map of public charging stations owned by Enel X Romania or partners;

·        Managing (starting and stopping) charging sessions at a private home charging station that a Customer can set up in the app or associate a RFID card; 

·        Schedule a charging session at your private home charging station and set up a duration; 

·        Mark charging stations as favorites; 

·        Book a charging point for a certain amount of time before unlocking and starting the recharge process at the selected charging station; 

·        View the route on the map to reach the selected charging station; 

·        Unlock connector and start the charging session, through the app or using a RFID associated to your social profile; 

·        Monitor the charging session;

·        Stop the recharging process through the dedicated button on the app or through the RFID card associated to the profile;

·        Get notified when the regarding is complete;

·        Purchase and associate an RFID card to your customer profile; 

·        Automatic payment of the tariff related to the  service, according to the payment methods predetermined in the user profile; 

·        View, in a dedicated section, the history of your charging session and the invoices received; 

·        Execute and modify a tariff plan; 

·        Edit your personal data and payment methods associated with the profile;

·        Associate multiple profiles to the same account. Each profile will be characterized by a dedicated tariff plan and/ or a dedicated view of the charging stations that can be accessed. The identification of the special profiles will be completed by entering a unique code in the section of creating the profile of the application.

 

Article 3 - Registration and subscription to the service

 

3.1 Access to the Service will be made after the Client's registration in the "Enel X Juice Pass" app of Enel X Romania S RL which can be accessed from mobile smartphones.             

The instructions for registering and subscribing to the Service are available in the "How it works" section, and additional details are available in the "Frequently Asked Questions" section of the "Enel X Juice Pass " application. By completing the registration procedure and pressing the "Accept" button, the Client declares that he has carefully read and expressly accepted all the terms and conditions for using the Services, expressly indicated below.

 

3.2 The activation of the service will be subject to the positive result of the verification carried out by Enel X Romania SRL on the payment methods introduced during the subscription to the service.             

3.3 Subscription to the Service will be allowed to individuals over 18 years and to legal entities.             

3.4  Using the same credentials, the Client can access all the web portals and applications enabled by Enel Group entities. If the client already has a profile registered on a portal or application of Enel Group, will be able to connect using the same credentials.

 

Article 4 - Duration and Withdrawal

 

4.1 This Agreement will be concluded for an indeterminate period.               

4.2 The customer, after the subscription, will have the right to withdraw from the contract within 14 days from the subscription date. If the Client requests the provision of the Services provided in the Contract for the period during which the withdrawal may be exercised and subsequently exercises its right of withdrawal, the costs related to the use of the Services that have been used until deactivation could be charged to the Client. The withdrawal will be exercised by the Customer by sending a communication to the email address enelxromania@enel.com. The client will receive a response within 2 days by e-mail regarding the fact that the withdrawal coordination took place.             

4.3 During the subscription to the Service, Customer will be entitled to withdraw from the contract by making a request to disable the account, by written communication sent to the email address dedicated enelxromania@enel.com. Enel X Romania SRL will deactivate the account within 10 days of receiving the email. In this case, any tariff related to the Services used until deactivation will be charged to the Customer.             

4.4 Enel X Romania SRL will be entitled to terminate this contract with immediate effect under Article 1553 of the Romanian Civil Code in the following cases:       

      

·        The Customer does not fulfill payment obligations in 15 days as mentioned in art. 6.5;

·        The Customer uses the Service in violation of the General Terms and Conditions. In this case, the customer will be informed about the violated obligation and termination will not be activated without a grant of a remedy where this is possible.

 

The withdrawal exercised by the Customer or the termination of this Agreement shall determine the lost of the status of Customer with the relevant deactivation of the account and the automatic termination of the Agreement as well as of any consequential and connected relation to the Service.

 

Article 5 - Fees of services – Fees will be active starting with 01.02.2020

 

5.1 Registration to the Service will be free of charge.             

5.2 As to the use of Services, a tariff will be aplied for the charging services, which is calculated using the charging units redrawn from the Station. Such tariffs shall be all-inclusive and shall include any cost connected to the use of the Service, except VAT. Tariffs are calculated according to the procedure indicated below in art. 5.3.             

5.3 The tariff of the service will be calculated based on the selected tariff plan. Access to the services indicated in the paragraph "Object of the contract" is subject to the subscription to one of the tariff plans indicated in the Enel X JuicePass Application . As for the "auto", "corporate" and "special" profiles, they will be activated by a code provided to the end user by Enel X Romania SRL or any of its partners. The first two profiles will have the tariff defined based on the contract concluded with the partner.             

·     Private profile: it can be activated by registered users based on the previous selection of the tariff plan and the payment method;

·     Private station: It may be activated by any user to use the home private charging station through the app. Costs related to the recharge shall be rated on the basis of the energy suplier of the user.

 

For any profile associated with the client account, it will be possible to select the following tariff plan:

 

·        Tariff/consumption

 

Method of application: at the end of any recharge session, the cost of the service will be calculated by multiplying the consumed charging units (1 charging unit = 1 kWh) with the unit price established for the service. The price could be different based on the type of connector used, and its updated value can be verified in the application and on the enelx.ro website.

 

Until 31.01.2020, the charging services at Enel X Romania stations is free after adding the tariff plan "Pay/use".

The reservation service is active.

Starting from 01.02.2020, the fees of the services will become active based on the following tariff plans:

- Basic Tariff / Consumption

- Premium Tariff / consumption

- Basic X tariff plan - monthly subscription

- Premium tariff plan - monthly subscription

 

5.4. Enel X Romania SRL. will have the right to update the tariff plans at any time. Any changes will be communicated to the Customer by posting on the website www.enelx.ro or by the e-mail address communicated when subscribing to the service. Any changes will take effect from the beginning of the month following the one in which Enel X Romania SRL will communicate these changes in writing.             

Details on the tariff plans are available in the dedicated section of the application and on the website www.enelx.ro. Also, in the application, the user has the possibility to change the profile type or tariff plan at any time.

The Customer can modify the tariff plan, for any profile associated with the account, at any time, without any cost or restriction.

For any profile associated with the account, the client will have the right to establish a dedicated tariff plan.

M odalităţil is amending tariff plans are finally following:

 

·     From the rate plan “on consumption basis” to the rate plan “monthly fee”: it shall be effective within the 24 hours after the moment of the request;

·     From the rate plan “monthly fee” to another rate plan “monthly fee”: it shall be effective at the end of the month included in the monthly fee referred to the rate plan of the beginning.

·     From the rate plan “monthly fee” to a rate plan “on consumption basis”: it shall be effective at the end of the month included in the monthly fee referred to the rate plan of the beginning.

 

Article 6 - Invoicing and payment - will be active starting with 01.02.2020

 

6.1 The invoice shall indicate debits and/or credits (if any), specifying the relevant services which have been used. The invoice shall be sent through the email address indicated during the registration and archived in the section “historic billing”of the app.

6.2 The frequency of billing varies according to the selected tariff plan, as follows:  

           

·        Rate plan “on consumption” basis: the invoice shall be issued and sent to the client at the end of any charging session;

·        Rate plan “monthly fee”: the invoice shall be issued and sent to the client on the same date of the subscription of the plan or of its renewal. The invoice shall include both the monthly fee for the reference period and extra costs due to the exceedance of the monthly threshold (if any) in the month preceding the renewal. The invoice shall be issued on a monthly basis, the same day every month.

 

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

For all Customers, the payment method for the relevant account at the time of subscription to the Service is represented by the usual means of payment of the Service. If the payment of the Service is not successful, Enel X Romania SRL will inform the Client about the non-payment and will suspend the Service until full payment has been made.

6.4 Enel X Romania SRL will suspend the service on the date of the first invoice issued which will not be paid. The service and billing will be reactivated as soon as the unpaid invoice have been paid.             

6.5 If the suspension lasts more than 30 days, Enel X Romania SRL will be entitled to terminate this contract under Article 1553 of theRomanian Civil Code. In this regard, Enel X Romania SRL will send the Customer a notification which will grant him a 15 day deadline, the contract being considered canceled if payment is not made at the end of this term.             

 

Article 7 - Use of the Service by non-registered users - will be active starting with 01.02.2020

 

7 .1 Users interested in using the service without being registered as a Customer will have the right, after entering the necessary payment and billing data, to use the following services:

 

·        Recharging the electric vehicle at public charging stations, according to the service which can be accessed through the dedicated application "Enel X JuicePass";

·        Map visualization of public charging stations for electric vehicles, compatible with the service provided by Enel X JuicePass;

·        Viewing the route to reach the selected charging station;

·        Unlocking the connector and start the recharge session at the selected station; 

·        Monitor the charging session;

·        Stop the charging process with the dedicated application button;

·        Notification regarding the finalization of the charge session;

·        Automatic payment of the service, based on the basic tariff / charging units consumed - will be active starting with 01.02.2020; 

·        Receive the invoice to the email address entered at the beginning of the use of the service through the application - will be active starting with 01.02.2020;

 

7.2 At the end of any charging session the service tariff will be calculated by multiplying the consumed charging units (1 charging unit = 1 kWh) by the unit price for the service. The price could be different based on the type of connector used, and its updated value can be verified in the application and on the website enelx.ro. 

Until 31.01.2020, the charging services at Enel X Romania stations is free.

 

7.3 The unregistered user is subject to all provisions of these terms and conditions which are not exclusively linked to the quality of a Customer.                          

  

Article 8 - Discount coupon - will be active starting with 01.02.2020

 

The Customer shall be entitled to enjoy coupons granting access to discounts or promotions. Coupons are expressed in charging units that can be used to acces the charging services. Coupons may be activated through the app entering the identification code in the section dedicated to the profile or to the payment method on the basis to the characteristics of the coupon. Each coupon shall have a deadline and may be used only once. Any detail concerning the use of coupons are included in the informative note on each coupon.

 

Article 9 - Limitation of liability

10.1 Except in cases of fraud or serious fault, Enel X Romania SRL is not liable for any damages, direct or indirect, which the Customer or any third party may suffer in any way and which are not directly imputed Enel X Romania SRL, such as the damages caused by the operation mode, conditions regarding the time interval and / or the provision of the service caused by malfunctions of vehicles, technological equipment, information systems and telecommunications or, in any way, attributable to the supplier of electricity and / or any third party in general.             

10.2 Also, any liability of Enel X Romania SRL is excluded for any breach, in whole or in part, of the obligations due to extrem specific cases such as an event absolutely unpredictable, for example: war, labor disputes, expropriation, power outage, interruption of energy supply, interruption of telephone lines, fire, storm, explosions or other extraordinary cases. The fortuitous case is an event that cannot be foreseen nor prevented by the person who would have been called to respond if the event had not occurred.             

 

Article 10 - Prohibition of resale or use of the Services for commercial purposes

 

The Customer's right to use the Services to which has subscribed is individual and cannot be transferred to any other person. It is forbidden to resell or use the service for commercial purposes without the written accept of Enel X Romania SRL.

 

Article 11 - Preprocessing of personal data according to the EU GDPR REGULATION 2016/679

 

In order to use the "Enel X JuicePass " service that is the object of this contract, the Customer provides certain personal data whose processing is carried out in accordance with the provisions of EU GDPR REGULATION 2016/679 and of the Policy for processing personal data, with subsequent modifications and completions as well as with the applicable local legislation.

The personal data processed by the Operator are: name, surname, home address, personal or professional email address, personal or professional telephone number, bank credit/debit card data, CUI/CIF or any other personal data necessary to fulfill the purposes listed below, Data personal” communicated or necessary for the fulfillment of the purposes listed.

Providing the personal data above is the basic condition to use the Services and and the failure to provide them (partial or inexact) might prevent the services regulated under this agreement are enabled. 

The personal data of the Customer are also processed with the help of IT systems, in such a way as to ensure the security and confidentiality, in accordance with the applicable legal provisions in this matter, with the sole purpose of carrying out this contract and for any additional activity that is essential. For the subscription and/ or activation of the Products and Services representing the object of this contract, including any activity necessary for the control of the credit risk, as well as, if the Customers gives his express consent, the processing of the data regarding the physical location of the Client.

For this purpose, it should be mentioned that the Client's refusal to allow the processing of personal data for the latter purpose prevents the Client from using the services under this contract.

Personal data may be communicated to companies belonging to the Enel Group, as well as to third parties that provide services as Independent and / or Responsible Owners and which may become known to persons designated to conduct premium transactions as designated managers in this regard.           

Exercise of the rights provided in article 7 of the Legislative Decree no. 196/2003 (such as, in order to obtain the cancellation, the transformation into anonymous form, the blocking of the data processed illegally, including the retention of the data considered unnecessary; the objection, in whole or in part, regarding the processing of personal data intended to transmit advertising materials or for conducting direct sales activities, etc.), is possible at any time by sending the relevant request to the dedicated e-mail address regarding confidentiality.

 

According to art. 15 - 21 of the GDPR, regarding the Personal Data communicated, you have the right:

a) have access to them and request a copy;        

b) request their rectification;        

c) to request their deletion;        

d) obtain the restriction of data processing;        

e) to oppose data processing;        

f) receive the data in a structured format, currently used and readable from an automatic device.         

More information, as well as the drafts for exercising the mentioned rights, can be found on our website, www.enelx.ro, Legal section.

To exercise the rights and/or withdraw your consent you can adress a written, dated and signed letter:

·     by e-mail dataprotectionenelx.ro@enel.com or:

·     by post for Enel X Romania SRL, 3rd district, Bd. Mircea Voda no.30, room 4.11, floor 4, phone +4031432231.

For more information about your Personal Data, you can contact the Responsible for the protection of personal data of the company Enel X Romania SRL, which can be contacted at the e-mail address dpoenelx.ro@enel.com .
Please have in mind that the right to complain to the national supervisory authority of the processing of personal data if the processing of personal data violates the provisions of the Regulation.

The data operator is Enel X Romania SRL with headquarters in Bucharest, 30 Mircea Voda Bd., Room 4.11, 4th floor, phone +40 372 115 694 - Unique registration code RO40645170 - Nr. of order in the Trade Register J40 / 1952 / 15.02.2019 - Total share capital paid 234,450 lei.

 

INFORMATION NOTE ON DATA PROCESSING IN ACCORDANCE WITH COMPLETE REGULATION (EU) 2016/679 ("GDPR") is available on the website www.enelx.ro.

 

Article 12 - Intellectual Property Rights of Enel X Romania SRL

 

The client and the unregistered user expressly hereby acknowledge that any intellectual property rights that may be protected under copyright law, including, but not limited to intellectual property, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and others, related to Services, data and other materials of the company Enel X România SRL or which are made available to the Customer and the user not registered by Enel X România S.R.L. as a result of the General Conditions, they are and remain the property of Enel X România S.R.L. and of the person/ entity whose authorized licensee is Enel X România S.R.L. It is understood that the respective Client or unregistered user cannot copy, modify, sell, assign, license, contribute to, transfer to any third party or perform any work derived from any right of Enel X Romania SRL, nor will it allow any third party to to do so through the Customer or his electLEIic device. The Customer and the unregistered user hereby acknowledge that any content (software, images, graphics, photographs, music, sounds, video images, lyrics, data, etc.) of the advertising correspondence, presented to the Customer through the web mail service or through the web mail service providers , are protected in accordance with the provisions of the corresponding law governing copyright, trademarks, service marks, patents or any other property rights and laws.

 

Article 13 - Confidentiality clause

4.1 The parties undertake to treat all information, data and documentation that they became aware of during and/or during the course of contractual relationships, as confidential information and assume responsibility for their confidentiality.

14.2 The following data, documents and information are exempted from the provisions of art 14.1:

a) those for whose disclosure the prior written agreement of the other Contracting Party has been received;

b) those which at the time of their disclosure are of public circulation;

c) those requested by the competent bodies of the state, based on a legal obligation to inform;

d) those disclosed to the affiliates for the purpose of implementing the provisions of these General Conditions.

14.3 In case one of the parties breaches the obligation of confidentiality regarding these General Conditions, by disclosing to unauthorized third parties some non-public information, it will be obliged to pay damages to the injured party. 

 

Article 14 - Applicable law

 

This Contract will be governed by the laws of Romania. If any provision of this contract is deemed invalid, void and/or unenforceable under the relevant legal provisions, the other provisions shall be deemed fully in force and valid. In the event of any conflict, the competent court will be the Court of the Client's jurisdiction. In case the Client has his residence and domicile outside Romania, the competent courts will be those of the headquarters, Enel X Romania S.R.L.

 

Article 15 - Miscellaneous

The present conditions are supplemented by the provisions contained in the Privacy Policy and the instructions of use found in the "Other" section of the application.

By accepting these terms and conditions, the Customer or the unregistered user declares that he has read, understood in full and expressly agrees to the terms and conditions of use of the Service.