Article 1 – General and terms conditions
This document shall govern the terms and conditions (hereinafter referred to as "General Conditions" or “Agreement”) to be applied to all services (hereinafter referred to as “Services” or, individually, “Service”) supplied by Enel X Italia S.p.A. to Clients, throught the “Enel X JuicePass” app (hereinafter referred to as “App”), meaning anyone who is registered with the Service in accordance with the procedures set forth below.
For acceding to the use of the Services, it will be needed the previous registration as Client of the Service (hereinafter referred to as the “Client”) in accordance with the indications provided under the following point “Registration and subscription of the service”, by acceptance of the General Conditions described below.
It is agreed that the present English translation is provided for convenience only, and that the Italian version of the General Condition alone shall be legally binding. In the event of any conflict between the Italian version of the General Conditions and the present translation into English, the Italian version shall prevail.
Article 2 – Subject matter of the agreement
2.1 The subject matter of the agreement is the supply of the Services as identified below through the App and in particular the Services consisting in:
· Recharge of the electric vehicle on the public Recharging Stations compatible with the service to which the client may have access through the dedicated App or through the associated rfid card;
· Visualization on map of the Recharging Stations dedicated to electric vehicles compatible with the service supplied by Enel X Italia S.p.A.;
· Management (start and interruption) at the wallbox through App or RFID card;
· Postponed start of the domestic charge and configuration of the duration of said charge;
· Setting the favourite recharing stations;
· Booking the electric outlet for a given interval of time preceding the unlock and start of the recharging process on the selected recharging station;
· Visualization of the itinerary to reach the selected recharging station;
· Unlock of the single electric outlet and start of the recharging process on the selected Recharging Station, also through the Rfid card associated to the profile;
· Monitoring of the recharging process;
· Interruption of the recharging process through the dedicated button on the app or through the rdif card associated to the profile;
· Notification of the end of the recharging service;
· Purchase and association of a Rfid card to the profile;
· Automatic payment of the consideration for the service, according to the means of payment preset in the user profile;
· Visualization, in a dedicated section, of the history of recharging session and of the invoices received;
· Execution and change of the rate plan;
· Variation of the personal data and of the means of payment associated with the profile;
· Association of more profiles to the same account. Each account shall be characterized by a dedicated rate plan and/or a dedicated visualization of the recharging stations to which it may have access. The identification of the special profiles shall be performed through entering a unique code in the section of creation of the profile of the app.
Article 3 – Registration and subscription of the service
3.1. The access to the Service shall be performed following the registration of the Client throgh the App.
The instructions for the registration and subscription of the Service shall be available in the section “How it works” and further details shall be available in the section “Frequently Asked Questions” in the App. By completing the procedure for the Registration and clicking the button “I Accept”, the Client shall declare to have carefully read and expressly accepted all terms and conditions for the use of the Services, expressly indicated below.
Starting from the date Enel X Italia S.p.A. will noticed to the Client email address communicated at the time of service subscription, Client could: 1) access to all web portals and apps of the enabled Enel Group entities through the same credentials used to subscribe the App; 2) login to the App through the same credentials used to subscribe to other portals or apps of the enabled Enel Group entities.
3.2. However, the activation of the service shall be subject to the positive outcome of the check carried out by Enel X Italia S.p.A. on the means of payment inserted during the subscription of the service
3.3. The Subscription of the Service shall be allowed exclusively to the individuals older than 18 years and to owners of VAT number.
3.4. The users interested in using the service without being registered will be entitled, after having entered the data needed for the payment and billing, to use the following services:
· Recharge of the electric vehicle on the public Recharging Stations compatible with the service to which the client may have access through the dedicated App;
· Visualization on map of the public Recharging Stations dedicated to electric vehicles compatible with the service supplied by Enel X Italia S.p.A;
· Visualization of the itinerary to reach the selected recharging station;
· Unlock of the the single electric outlet and start of the recharging process on the selected Recharging Station;
· Monitoring of the recharging process;
· Interruption of the recharging process through the dedicated button on the app;
· Notification of the end of the recharging service;
· Automatic payment of the consideration for the service, through the rate “on consumption basis”.
3.5 If the Client is in a Country in which another Enel X entity operates, the Client can charge using the “Enel X JuicePass” App. The access to the "Enel X JuicePass” service is exposed to the acceptance of new Terms & Conditions and new fares in effect in the Country in which the Client is located.
Notwithstanding, the Client can starts a new charging session only after the acceptance of the local Terms & Condition of the Enel X entity in charge of the Country.
Article 4 – Term and Withdrawal
4.1. This Agreement shall be an open-ended agreement.
4.2. The Client, following the subscription, shall be entitled to withdraw from the agreement within 14 days from the subscription of this Agreement. Should the Client ask for the supply of the Services set forth by the Agreement during the period within which the withdrawal may be exercised and subsequently exercise his/her withdrawal right, the costs related to the use of the Services that have been used until the deactivation might be charged to him/her.The withdrawal shall be exercised by the Client by sending a communication to the email address firstname.lastname@example.org. The Client shall receive by email a feedback on the fact that the management of the withdrawal has occurred.
4.3. The Client shall be entitled to withdraw from the agreement by sending a request of deactivation of the account, through a written communication to the dedicated email address email@example.com. Enel X Italia S.p.A. shall deactivate the account within 10 days from the receipt of the email. Should this be the case, any consideration related the Services used until the deactivation of the service will be billed to the Client.
4.4. Enel X Italia S.p.A. shall be entitled to terminate this agreement with immediate effect pursuant to article 1456 of the Italian civil code in the following hypothesis:
· Should the Client breach his/her payment obligations;
· Should the Client use the Service in breach of this General Terms and Conditions.
The withdrawal exercised by the Client or the termination of this Agreement shall determine the lost of the status of Client 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 – Rates for the service and for the optional services.
5.1. The registration of the Client with the Service shall be free.
5.2. As to the use of Services, it shall be paid a consideration for the recharging services, which is calculated using the kWh drawn from the Recharging Station as parameter. Such consideration shall be all-inclusive and shall include any cost connected to the use of the Service, except VAT. Such consideration shall be calculated according to the procedure indicated below.
5.3. As regards “private” and “special” different rate plans are available on consumption or on a monthly rate. The cost of the service shall be calculated on the basis of the rate plan selected. The access to the services indicated under the paragraph “Subject matter of the agreement” is subject to the subscription of one of the rate plans indicated in the App. As regards the profiles “automotive”, “corporate” and “special” shall be activated through a code provided to the final user buy either Enel X Italia or any of its client / parner. The first two profiles shall have a tariff defined on the basis of the agreement with the client/partner. In particular:
· Profile private: it may be activated by any of the users indivdual or Vat users upon previous selection of the rate plan and the method of payment;
· Profile automotive: it may be activated by any of the users who have underscribed an offer with the automotive firm in partnership with Enel X Italia;
· Profile corporate: It may be activated by users being employees of a company underwriting a corporate offer with Enel X Italia.;
· Special: It may be activated by any user belonging to Institutions, having an agreement with Enel X Italia;
· Wallbox: It may be activated by any user to use the wallbox through the app. Costs related to the recharge shall be rated on the basis on the basis of the private POD of the user.
Each profile can be characterised by a dedicated visibility of the charging stations on the map.
5.4. Enel X Italia S.p.A. shall be entitled to update at any moment the rate plans. Any amendment shall be communicated to the Client by publication on the website www.enelX.com and by email sent to the Client to the email address communicated by the subscription of the service. Any amendment shall be effective starting from the beginning of the month following that in which Enel x Italia S.p.A. will have communicated such amendments in writing. This is without prejudice for the Client to withdraw from the Agreement, according to the above terms and conditions.
The details of the rate plans shall be available on the dedicated section of the app and of the website www.EnelX.com, in the same app the user may modify in any moment the profile Private and Special, the rate plan without any cost whatsoever.
sections the user may amend, for any profile associated to the account, at any moment, the rate plan with no cost or constrain.
For any profile associated to the account, the client shall be entitled to set a dedicated rate plan.
Here it follows a description of the modalities to change the rate plans:
· 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 – Billing and payment
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 the billing shall vary depending on the selected rate plan as follows:
· Rate plan “on consumption” basis: the invoice shall be issued and sent to the client at the end of any recharging session;
· Rate plan “on consumption” basis Premium: for the booking option the invoice shall be issued and sent to the client simultaneously with the purchase of the option. For the charging session the invoice shall be issued and sent to the client at the end of any 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.
The booking service is available on those charging stations that are managed by Enel X. It might not be guaranteed on those stations that are managed by other operators
6.3. The payment method shall be specific for every profile associated to the account. The Service payment shall be performed through the payment method selected by the Client. If the Client has indicated two or more payment method, the payment shall be performed through the one selected by the Client and defined as primary during the subscription process, or at later time. At the first issued invoice that will not be paid, Enel X Italie S.p.A shall inform the Client about the non-payment and will start several debit tentatives.
6.4. In case of negative endign of the debit tentatives, Enel X Italia S.p.A. shall inform the Client about the suspensionof the payment methods indicated by the Client. The resolution of this issue shall takes place if the Client indicates a new valid payment method and the invoice will be paid.
In the opposite case, at a later time, Enel X Italia S.p.A. shall performe another debit tentative. In case of a negative debit tentative, Enel X Italia S.p.A. shall suspend also the Client profile.
The Client profile and the billing shall be automatically reactivated in 7 (sever) days once the Client indicates a new valid payment method and the unpaid invoice will be paid.
Neverthless, the Client can reactivates the Profile calling the Enel X Italia S.p.A. to the direct number 800 069 850 (from an Italian number) and 0039 02 39623739 (from not Italian number).
6.5. Should the suspension last more than 30 days, Enel X Italia S.p.A. shall be entitled to terminate the agreement as per article 1454 of the Italian civil code, upon serving warning to comply within 15 days.
Article 7 – Rfid Card
The Client shall be entitled to purchase a sole Rfid card in the specific section of the App. The card shall enable the Client to initiate and finish the recharging, both private and public, in the latter case following the rate plan of the profile to which the card is associated. The card, in order to be activated, will need to be associated through the app to a user’s profile for the public recharge and may be used for any configured profile, but not simultaneously. It is possible to associate the same card for all profiles or different cards for each profile,
For the private recharge, it is necessary to associate the RFID card at the detail section of the wallbox. It is possible to associate the card to both a profile for the public recharge and to the personal wallbox, simultaneously,
Article 8 – Discount coupon
The Client shall be entitled to enjoy coupons granting access to discounts or promotions. Coupons are service purses (borsellini di servizio) expressed in kWh. 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 – Exemption from liability
9.1. Excluding cases of fraud or serious misconduct, Enel X Italia S.p.A shall not be liable for any damage, direct or indirect, of any kind whatsoever, that the Client or any third party may in any way suffer and that is not direclty ascribable to Enel X Italia S.p.A., such as damages caused by changes to the modalities, timing and/or supply conditions of the service caused by malfunctions of the vehicles, the technologic equipment, the informatic and telecommunication systems or, in any way, ascribable to the energy supplier and/or to any third party in general.
9.2. Moreover, any liability of Enel X Italia S.p.A. shall be excluded for any breach, in whole or in part, of the obligations due to force majeure such as, by way of example but not limited to: actions of the State and of the Publica Amministration, action of the Public Authority, legal limitations, fires, floods, explosions, mobilizations, riots, strikes, industrial disturbances, lack of raw materials, lack of electricity, interruption of telephone lines, lack of fuel oils etc.
Article 10 - Prohibition of resale or commercial use of the Services
Client’s right to use the Services subscribed shall be personal and may not be assigned to anyone. It is forbidden for the Client to resell or to make any commercial use of the Services, without the written consent of Enel X Italia S.p.A.
Article 11 – Intellectual Property Rights of Enel X Italia S.p.A.
The Client hereby expressly acknowledges that any IP right, that may be protected on the basis of the copyright legislation or by any other provision such as the Industrial Property Code, including, by way of example and not limited to, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and others, related to the Services, to the data and to other material deriving from Enel X Italia S.p.A. or, however, made available to the Client by Enel X Italia S.p.A. as a result of the General Coditions are and remain ownership of Enel X Italia S.p.A. and of the person/entity of which Enel X Italia S.p.A. is legitimate licensee. It is understood that the Client can neither copy, amend, sell, assign, license, contribute, transfer to any third party or create derivative works from any right of Enel X Italia S.p.A. nor allow any third party to do so through the Client or his/her electronic device. The Client hereby aknowledges that any content (software, image, graphic, fotography, music, sound, video, lyrics, data etc) of the advertising correspondence presented to the Client through the WEB MAIL service or by the WEB MAIL providers, are protected by the provisions of law regulating the copyright, trademarks, service marks, patents or any further proprietary rights and laws.
Article 12 – Modifications
Enel X Italia S.p.A. has the right to make changes, at any time, to the Service, for technical, organizational and / or commercial reasons, provided that such modifications do not prejudice the fulfillment of the main obligations assumed.
Enel X Italia S.p.A. has the right to modify, at any time and for the future, these General Conditions, for technical, organizational and / or commercial reasons.
The aforementioned changes are notified by Enel X Italia to the Clients, at the address indicated by them at the time of registration, at least 7 (seven) days before their entry into force and their communication by email to the address gave by the Client during the registration and the login to the App. If, in other hands, the Client doesn’t accept the General Terms & Conditions, the Client will have the right to withdraw according to the methods indicated in art 4 "Term and Withdrawal".
Notwithstanding, the usage of the Service will be menat as confirmation of the General Terms & Conditions and as acceptance of the particular conditions included in the Service, included the subsequent modifications.
The Client is committed to store this present General Terms & Conditions and all subsequent modifications without prejudice the possibility to ask the related copy to Enel X Italia.
Article 13 – Protection of Personal Data
Article 14 – Applicable law
This agreement shall be governed by the laws of Italy. Should any provision under this agreement be deemed as invalid, void and/or, anyway not applicable pursuant to the applicable provisions of law, the other provisions shall be deemed as fully valid and effective. In the event of disputes, the competent Court shall be the Court of the Client. Should the Client have his/her residence and domicile out of Italy, the competent Court shall be the Court of Rome.
Article 15 – Unfair clauses
The parties hereby expressely accept the content of articles 4 (Term and Withdrawal), 5 (Rates for the service and for the optional services), 6 (Billing and payment), 9 (Exemption from liability), 10 (Prohibition of resale or commercial use of the Services),11 (Intellectual Property Rights of Enel X Italia S.p.A.), 12 (Modifications), 13 (Protection of Personal Darta), 14 (Applicable law).