Conditions of use of the site

1. Subject of the general conditions

The following conditions of use for the site (hereinafter referred to as "General Conditions") apply to all services (hereinafter referred to as "Services" or singularly "Service") provided by Enel X Way Italia S.r.l. (hereinafter referred to as "Enel X Way Italia") with registered office in Via Ostiense 131/L - 00154 Rome, used through the Enel X Way Italia Portal with the address enelxway.com (hereinafter "Portal"). Anyone wishing to access the use of any of the Services must accept the General Terms and Conditions described below, as well as the privacy policy. Moreover, anyone wishing to access the services available within the Portal's Reserved Area must first register according to the instructions specified in point 2 "Registration" below. Services other than those available within the Portal's Reserved Area are also accessible without 'Registration'.

2. Registration

To register as a Customer and access and use any of the Services made available by Enel X Way Italia, it is necessary to complete the relevant form available through the Portal or App. By completing the Registration procedure and clicking the "I Accept" button, you declare that you have carefully read and expressly accepted all terms and conditions. At the time of registration, you will have the opportunity to create your own account (hereinafter, "Unique Profile Account") which will include the contact data you provided during registration and an access code (hereinafter, "Password") that will be essential for access to Service use. Using your Unique Profile Account, you will be able to access the enabled web portals and apps of the Enel Group. If, on the other hand, you are already registered with other Enel Group company web portals or apps, you can use your Unique Profile Account to access the Portal and Enel On Your Way App. 

You can change your password at any time, following the instructions provided by the system. You are solely and exclusively responsible for maintaining the secrecy and confidentiality of your Unique Profile Account and/or Password and, consequently, you are solely and exclusively responsible for all uses of said Unique Profile Account and/or Password, whether authorised or unauthorised by you. Enel X Way Italia also allows you the possibility of accessing the reserved area and consequently, of accessing the services offered through the Portal, using the credentials provided by a social network (so-called social login). 

For more details about using this procedure, please refer to the express provisions of the privacy policy (available on the Portal), point 4 “Purposes and legal basis of processing”.

3. Assumption of liability and indemnity

As the Customer, you assume sole liability for any activities carried out through the Portal within the scope of the Services and you undertake to indemnify and hold Enel X Way Italia free and harmless from any claims, demands or threats relating to or arising from the use or misuse of the Services. With regard to the above you undertake to inform Enel X Way Italia immediately, by email to e-mobility@enel.com of any unauthorised use by third parties of their Unique Profile Account and/or Password or any other breach of security of which they may become aware, undertaking in any case, as of now, to indemnify and hold Enel X Way Italia free and harmless from any and all claims, including claims for damages, proposed and/or deriving, directly or indirectly, from the above-mentioned illicit use of the Services available on the Portal or App by anyone.

4. Withdrawal

You have the right to withdraw from these General Terms and Conditions at any time, without penalty, by cancelling your account through the function provided for this purpose in your user profile, where available on the Portal, or by sending a request by e-mail to e-mobility@enel.com.

5. Suspension and/or interruption of services by Enel X Way Italia  

The Services are provided free of charge and in perpetuity. Enel X Way Italia may, at any time and without prior notice, suspend or permanently discontinue the provision of the Services through the Portal. Specifically, Enel X Way Italia may interrupt the Services in the following cases: a) when you do not provide updated, complete, correct and truthful personal data, b) when you use the Services for illegal purposes or for the transmission or exchange of material that is unlawful, harassing, racist, slanderous or defamatory, damaging to the privacy of others, abusive, threatening, harmful, vulgar, obscene or otherwise reprehensible or that violates, or may violate, intellectual or industrial property rights or other rights of third parties; that causes harassment, disturbance or harm, in any way, to minors (violence, paedophilia, exploitation, etc.), c) when you use the Services for the transmission or exchange of viruses, chain letters, or for unsolicited, mass distribution of emails; d) when you violate the General Terms and Conditions or the particular terms and conditions applicable to a Service; e) when you fails to authenticate your credentials on the Portal for a period of 24 (twenty-four) months. In this case, Enel X Way Italia reserves the right to automatically cancel your registration.

6. Amendments to the general terms and conditions

Enel X Way Italia has the right to amend these Terms and Conditions at any time and for the future, for objective technical, organisational and/or commercial reasons. The aforesaid modifications shall be communicated by Enel X Way Italia to you at least 7 days before their entry into force, by means of an e-mail message to the address indicated by you at the time of registration and by means of access to the Portal. In the event that you do not wish to accept the changes to the Terms and Conditions, you will be entitled to withdraw from said Terms and Conditions in the manner set out in Section 4 “Withdrawal”. 

It is understood that your use of even a single Service will constitute confirmation of your willingness to abide by the Terms and Conditions, any special conditions of the Service itself, and any subsequent amendments thereto. You undertake to keep the Terms and Conditions and all subsequent amendments thereto on a suitable durable medium, without prejudice to your right to request a copy of the Terms and Conditions from Enel X Way Italia.

7. Intellectual Property

You expressly acknowledge that all intellectual property rights, protectable on the basis of copyright or other provisions, including but not limited to, know-how, source code, software, hardware, designs, applications, patents, industrial secrets, formulas, algorithms, models, databases and the like, relating to the Services, data, and other materials originating from Enel X Way Italia or in any case made available to the Customer by Enel X Way Italia under the General Conditions are and shall remain the property of Enel and of the subjects of which it is the legitimate licensee. It is understood that you may not copy, modify, sell, assign, license, transfer to third parties or create derivative works from any of Enel X Way Italia's rights, nor allow third parties to do so through you or your computer. Finally, you acknowledge that all contents (software, images, graphics, photographs, music, sound, video, text, data, etc.) of the promotional correspondence presented to you via the newsletter service or by the newsletter providers are protected by the applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws.

8. Limitation of liability of Enel X Way Italia

You acknowledge that the use of the Services takes place at your sole risk. The Services are provided "as is" and "as available" on the Enel X Way Italia Portal, without any guarantee that the Portal is uninterrupted, virus free, error free or suitable for a particular purpose or result. Enel X Way Italia shall also not be liable for any damages, claims or losses, direct or indirect, to you due to the failure and/or defective functioning of your own electronic equipment or that of third parties, including Internet Service Providers, telephone and/or telematic connections not directly managed by Enel X Way Italia or persons for which it is responsible. Enel X Way Italia shall not be held in default of its obligations, nor shall it be liable for any damages resulting from the failure to provide the Services due to the malfunction or failure of the electronic means of communication due to causes beyond its foreseeable control, including, by way of example, fire, natural disasters, lack of energy, unavailability of telephone connection lines or other network service providers, malfunctioning of computers and other electronic devices, even if not an integral part of the Internet network, malfunctioning of software installed by you, as well as the actions of other users or other persons with access to the network. Under no circumstances shall Enel X Way Italia be held liable for any type of damage, direct or indirect, deriving to you or to third parties (i) from the use of or inability to use any of the Services, for any reason; (ii) from any interruption or suspension of any of the Services; (iii) from goods or services purchased or obtained by you through the Services; (iv) from unauthorised access to or alteration of your transmissions or data, including, inter alia, any damage, including economic damage, that you may have suffered due to loss of profit, use, loss of data or other intangible elements. You undertake to use the Services exclusively for legal purposes permitted by the applicable legal provisions in force, custom and practice, and the rules of diligence, in any case without infringing the rights of any third party, whether or not a user of the means of communication, and with particular regard to data protection regulations, laws on the protection of intellectual and industrial property, and telecommunications regulations. You assumes full and exclusive responsibility for the content of the messages and texts sent by them or on their behalf to third parties through the Services, acknowledging their sole responsibility for same and holding Enel X Way Italia, as well as subjects connected to it or controlled by it, its representatives, employees and any partner of Enel X Way Italia free and harmless from any consequent claim for damages or compensation and reimbursing Enel X Way Italia for any cost deriving from third party claims or actions against it for damages caused by you or persons authorised by you to access the Services. You acknowledge that any deletion, requested by you of the personal data communicated during the registration process may result in Enel X Way Italia being unable to guarantee the continuation of the chosen service in the event that the data, for which cancellation is requested, is considered indispensable for the purposes of the Service itself.

9. Applicable law

These Terms and Conditions are governed by the laws of Italy. Should any of the provisions contained in these Terms and Conditions be deemed invalid, void and/or otherwise unenforceable under applicable law, the remaining provisions shall nevertheless be deemed fully valid and enforceable.