The following general terms and conditions (hereinafter referred to as "General Conditions" or the "Contract") apply to all services (hereinafter referred to as "Services" or individually as "Service") provided by Enel Energia S.p.A. (hereinafter, "Enel Energy") with headquarters in Viale Regina Margherita, 137 - 00198 Rome through the Enel Energia Portal or the services provided through the Mobile App and referred to the same. Anyone intending to access the use of any of the Services must first register in accordance with the instructions specified in the following point 2 "Registration" and accept the General Conditions described below, as well as read the information regarding the processing of personal data.
To register as a Customer and access the use of any of the Services made available by Enel Energia, it is necessary to fill in the relevant form available through the web portal or the mobile App.
By completing the Registration procedure and clicking on the "Accept" button, the Customer declares to have carefully read and expressly accepted all the terms and the General Conditions.
Upon registration, the Customer will have the possibility to create their own "User Name" identification code (hereinafter, "UserId") which will coincide with an email address provided during registration and a "Password" access code that will be indispensable for accessing the use of the Services. The Customer may, at any time, change their Password following the instructions provided by the system. The Customer is solely responsible for maintaining the secrecy and confidentiality of their UserId and/or Password and, consequently, is solely responsible for all uses of their UserId and/or Password, whether authorised or not authorised by the Customer.
Enel Energia also allows the Customer to access the reserved area and consequently access the services offered through the Enel Energia portal and app through the use of the credentials provided by a social media network (the so-called social media login).
For more details on this procedure, please refer to that which is expressly described in the privacy notice of these General Conditions of Services, item 1 (Purpose of Processing).
The Customer assumes sole responsibility for any of their activities carried out through the Portal or App within the Services and undertakes to indemnify Enel Energia and consider it without fault concerning any claim or threat related to or resulting from the use or misuse of the improper use of services. In relation to the above, the Customer undertakes to immediately communicate to Enel Energia, sending an email to the dedicated email address, email@example.com, any unauthorised use by third parties of their UserId and/or Password or any other security breach of which he or she becomes aware, committing however from this point forth to hold Enel Energia harmless and keep it such from any and all requests, including compensation for damages, proposed and/or deriving, directly or indirectly, from the aforementioned illicit use of the Services available on the Portal or App by anyone.
The Customer acknowledges that the General Conditions are in any case subject to Legislative Decree 6.9.2005 no. 206 - Consumer Code pursuant to which it is specified that the costs of installation and/or telephone or telecommunication connection relating to the Internet are the sole responsibility of the same. In any case, the Customer is entitled to withdraw from these General Conditions at any time, without any penalty, by deleting his/her user profile through the function specifically provided for in his/her user profile.
The Services are provided free of charge indefinitely. Enel Energia may at any time, and without prior notice, suspend or permanently suspend the provision of the Services through the Portal or App. In particular, Enel Energia may interrupt the services, in the following cases: a) when the Customer does not provide updated, complete, correct and true personal details; b) when the Client uses the services for illegal purposes or for the transmission or exchange of material that is unlawful, harassing, racist, libelous or defamatory, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that infringes or may infringe upon intellectual or industrial property rights or other rights of third parties; that would in any way damage, disturb or harrass minors (rape, child abuse, exploitation, etc.) when the Customer utilises the Services to transmit or exchange viruses, chain letters, or unsolicited mass distribution and email; d) when the customer violates the General Conditions or the special terms and conditions applicable to a service; d) when the Customer does not authenticate his/her credentials on the Portal or App for a period of 24 (twenty four) months. In this case, Enel Energia reserves the right to automatically cancel the registration of the Customer.
Enel Energia reserves the right to modify the General Conditions at its sole discretion, if it is necessary for the correct execution of the Services. In the event that the General Conditions relating to the Service should change, Enel Energia will inform the Customers prior to he or she using the Service, by email or through the Portal or App. The Customer undertakes to maintain an adequate and lasting support and to keep the General Conditions and all subsequent modifications of the same that were subsequently made to them. The use of even a single Service by the Customer will constitute a confirmation of his or her willingness to adhere to the General Conditions, to any particular conditions of the Service itself and to the relative subsequent modifications. The Customer will have the right to withdraw from the Contract if he/she does not intend to accept these new Conditions, according to the methods indicated in point 4 "Withdrawal".
The Customer expressly acknowledges that all intellectual property rights are protected under the rules relating to copyright or other provisions, including, but not limited to, know-how, source code, software, hardware, projects, applications, patents, industrial secrets, formulas, algorithms, models, databases and the like, relating to the Services, data and other materials coming from Enel Energia or otherwise made available to the Customer by Enel Energia under the General Conditions remain the property of Enel and the subjects of which it is the legitimate licensee. It is understood that the Customer cannot copy, modify, sell, cede, dismiss, confer, transfer to third parties or create works deriving from any right of Enel Energia, nor allow third parties to do so through the Customer or his or her computer. Finally, the Customer acknowledges that all content (software, images, graphics, photographs, music, sound, video, texts, data, etc.) of the promotional correspondence presented to the Customer through the newsletter service or by the newsletter providers are protected by current regulations concerning copyrights, trademarks, service marks, patents or other proprietary rights and laws.
The Customer acknowledges that the use of the Services occurs at their own risk. The Services are provided "as is" and "as available" on the Enel Energia Portal or App. Enel Energia does not offer any guarantee that the Services correspond to the requirements requested by the Customer, nor that they are uninterrupted, convenient, safe or error-free; moreover Enel Energia does not offer any guarantee regarding the results that are expected, hoped for or obtained from the use of the Services. Enel Energia declines all responsibility for any Customer's claims regarding the impossibility of using the Services for any reason. Enel Energia shall also not be liable for damages, claims or losses, neither direct nor indirect, arising from the Customer due to the lacking and/or faulty operation of the Customer's own electronic equipment or that of third parties, including Internet Service Providers, telephone connections and/or telematics not managed directly by Enel Energia or by persons to whom it must respond. Enel Energia cannot be considered in default of its obligations, nor responsible for damages resulting from the failure to provide the Services due to the incorrect or lack of functioning of the electronic means of communication for causes outside the sphere of its foreseeable control, including, in example, fires, natural disasters, lack of power, unavailability of telephone lines or other providers of network services, malfunctioning of computers and other electronic devices, even if they are not part of the Internet, malfunctioning of the software installed by the Customer, as well as actions of other users or other persons having access to the network. Enel Energia cannot under any circumstances be held responsible for any kind of damage, be it direct or indirect, deriving from the Customer or third parties: (i) from the use or impossibility of using any of the Services; (ii) from any interruption of any of the Services; (iii) from goods or services purchased or obtained by the Customer through the Services; (iv) from unauthorised access or alteration of transmissions or data of the Customer, including, inter alia, any damage, even economic, from the same Customer possibly due to lack of profit, use, loss of data or other intangible elements. The Customer agrees to use the Services exclusively for purposes that are lawful and permitted by the applicable legal provisions that are in line with the obligations of uses, customs and duty of care, in all cases without infringing the rights of any third party, whether a user or not of communication media, and paying particular attention to regulations governing the protection of data, the laws on protection of intellectual and industrial property and regulations concerning telecommunications. The Customer assumes, entirely and exclusively, all responsibility for the content of the messages and texts sent by him or her to third parties through the Services, recognising them as being solely responsible and relieving Enel Energia, as well as the subjects connected or controlled by it, its representatives, employees and any partner of Enel Energia from any consequent request for damage or recourse and to reimburse Enel Energia for any cost arising from claims or actions of third parties against it for damages caused by the Customer or by persons authorised by the Customer to access the Services.
The Customer acknowledges that any cancellation requested by the Customer of the personal data communicated during registration may involve the impossibility of Enel Energia to guarantee the continuation of the service chosen in the event that the data, for which cancellation is required, is considered indispensable for the purpose of the service itself.
These General Conditions are governed by the laws of the State of Italy. In the event that some of the provisions contained in these General Terms and Conditions are found to be invalid, void and/or, in any case not applicable under current statutory provisions, the remaining provisions must in any case be considered fully valid and effective.