Legal clauses

The following general conditions (hereinafter referred to as "General Conditions") apply to all services (hereinafter referred to as "Services" or individually "Service") provided by Enel Energia S.p.A. (hereinafter "Enel Energia") with headquarters in Viale Regina Margherita, 137 - 00198 Rome through the Enel Energia Portal with address www.enel.it/en (hereinafter "Portal") or through the App. Anyone intending to access the use of any of the Services must first register according to the indications specified in point 3 "Registration" below and accept the General Conditions described below, as well as accept the information on the processing of personal data.

To be able to access any of the functions of the Enel Energia mobile application, it is necessary to register in three sequential steps by filling in the information requested in the appropriate fields.

Registration, as described in point 3, allows access to the personal area reserved for customers who have subscribed to Enel Energia offers on the free electricity and gas market, and allows you to comfortably manage various related transactions to your supply contract via the Enel Energia app.

Below are the features available within the App, grouped by section:

2.1 Account Management

In this section it will be possible to manage personal data (personal and contact data), as well as the consents already given at the time of signing the supply contract, or by telephone, or during registration on the App or in the Reserved Area of ​​the site Enel.

The consents already issued will be automatically reported on the App and on the Reserved Area of ​​the Enel Energia Website.

If the consents above had provided for a choice between the various contact methods (telephone, mobile, email), Enel Energia has maintained the specific choices of each customer in its systems and guarantees their respect in future marketing activities , even if evidence of this is not given in the App and in the Reserved Area of ​​the Enel Energia Website.

Finally, it should be noted that, where the specific choice made had contemplated the "email or sms" contact channel, the relative consent will also be considered valid for the "App" contact channel, an instrument not specifically examined in the old contracts, but still falling within the category of "automated contact systems".

2.2 Management of supplies

This section allows you to view and manage information relating to bills through the following services:

• List of bills
  The service allows you to view your bills, the information they contain and the related payments, as well as keep a copy of your bills, both summary and detailed ones.
• Payment method management
  The service allows you to view information relating to active bank or postal domiciliations relating to your supplies and to modify your current account data.
• Self-reading
  The service allows you to communicate to Enel Energia, manually, the reading for all the selected active supplies.
• Activate web bill (bill via email)
  The service allows you to request the delivery of bills in electronic format by providing an e-mail address that has already been certified or a new e-mail address to be certified.

2.3 Promotions and initiatives (News section)

This feature allows you to view all the commercial offers proposed by Enel Energia. Furthermore, at any time, users will have the possibility to pay their electricity and gas bills directly online by credit card or PayPal.

Finally, it will be possible to register for the enelpremia WOW! loyalty program, consult the catalog of downloaded coupons and participate in all the initiatives envisaged by the programme.

Enel Energia specifies that enelpremia WOW! is neither managed, nor associated with, nor sponsored by Apple and Google and that therefore the responsibility of Apple and Google can not in any case be considered in the event of a dispute or dispute.

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 relative form available through the Portal or App.
By completing the Registration procedure and clicking on the "I Accept" button, the Customer declares to have carefully read and expressly accepted all the terms and General Conditions.

Upon registration, the Customer will have the opportunity to create his own account (hereinafter, "Unique Profile") which will coincide with the e-mail address provided by the Customer during registration and an access code (hereinafter, "Password ") which will be essential for access to the use of the Services. Using their Single Profile, the Customer will have the possibility to access the web portals and apps of the enabled Enel Group companies. If, on the other hand, the Customer is already registered on other web portals or apps of the Enel Group companies enabled, they can use their Single Profile to access the Enel Energia Portal and App.

The Customer may change his password at any time by following the instructions provided by the system. The Customer is solely responsible for maintaining the secrecy and confidentiality of his Single Profile and/or Password and, consequently, is solely responsible for all uses of his Single Profile and/or Password, whether authorized or not authorized by the Customer himself.
Enel Energia also allows the Customer to access the reserved area and consequently access the services offered through the Enel Energia Portal and App by using the credentials provided by a social network (so-called social login).
For further details on this procedure, please refer to the express provisions of the privacy policy (available on the Portal), point 3 "Purpose and legal basis of the processing".

The Customer assumes exclusive responsibility for any activity carried out through the Portal or App as part of the Services and undertakes to indemnify and hold Enel Energia harmless from any claim, demand or threat relating to or deriving from the use or abuse improper use of the Services. In relation to the above, the Customer undertakes to immediately notify Enel Energia, by fax no. 800046311, any unauthorized use by third parties of their Single Profile and/or Password or any other breach of security of which they become aware, undertaking in any case as of now to indemnify and hold harmless Enel Energia from any and all requests, also of 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 has the right to withdraw from these General Conditions at any time, without any penalty, by deleting his user through the function specifically provided in his user profile.

The Services are provided free of charge and for an unlimited period. Enel Energia may at any time, and without notice, suspend or permanently interrupt the provision of the Services via the Portal or App. In particular, Enel Energia may interrupt the Services, in the following cases: a) when the Customer does not provide updated personal data, complete, correct and truthful, b) when the Customer 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, vulgar, obscene or otherwise objectionable or that violates, or may violate, intellectual or industrial property rights or other rights of third parties; c) when the Customer uses the Services for the transmission or exchange of viruses, chain letters, or for an unsolicited and mass distribution of e-mails, d) when the Customer violates the General Conditions or the particular terms and conditions applicable to a Service; e) when the Customer does not authenticate to the Portal or App with his/her credentials for a period of 24 (twenty-four) months. In this case Enel Energia reserves the right to automatically cancel the Customer's registration.

Enel Energia has the right to modify, at any time and for the future, these General Conditions, for objective technical, organizational and/or commercial reasons. The above changes are communicated by Enel Energia to the Customer at least 7 days before their entry into force, by e-mail message and by accessing the Portal or App. In the event that the Customer does not intend to accept the changes to the General Conditions, the same will have the right to withdraw from the General Conditions, according to the methods indicated in point 5 "Withdrawal".

It is understood that the use of even just one Service by the Client will constitute confirmation of his will to adhere to the General Conditions, to any particular conditions of the Service itself and to the relative subsequent modifications. The Customer undertakes to keep the General Conditions and all subsequent changes to them that may subsequently be made on an adequate durable medium and to keep them, without prejudice to the Customer's right to request a copy of the General Conditions from Enel Energia.

The Customer expressly acknowledges that all intellectual property rights, which can be protected on the basis of copyright laws 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 originating from Enel Energia or otherwise made available to the Customer by Enel Energia pursuant to the Conditions Generali are and remain the property of Enel and of the subjects of which it is the legitimate licensee. It is understood that the Customer may not copy, modify, sell, assign, license, confer, transfer to third parties or create works derived from any right of Enel Energia, nor allow third parties to do so through the Customer or his computer. Finally, the Customer acknowledges that all contents (software, images, graphics, photographs, music, sound, video, text, data, etc.) of the promotional correspondence presented to the Customer through the newsletter service or by newsletter providers, are protected by applicable copyright, trademark, service mark, patent, or other proprietary rights and laws.

The Customer acknowledges that the use of the Services is at his own risk. The Services are provided "as is" and "as available" on the Enel Energia Portal or App, without guarantee that the Enel Energia Portal or App will be uninterrupted, virus-free, error-free, suitable for a purpose or particular result. Enel Energia also does not assume responsibility for damages, claims or losses, direct or indirect, deriving to the Customer due to the failure and/or malfunctioning of the electronic equipment of the Customer or of third parties, including Internet Service Providers, telephone connections and/or telematics not managed directly by Enel Energia or by persons for which it is responsible. Enel Energia cannot be held in breach of its obligations, nor liable for damages resulting from the failure to provide the Services due to the incorrect or non-functioning of the electronic means of communication due to causes beyond the sphere of its foreseeable control, including, via by way of example, fires, natural disasters, lack of, unavailability of telephone connection lines or other network service providers, malfunctioning of computers and other electronic devices, even if they are not an integral part of the Internet, malfunctioning of the software installed by the Customer , as well as from the actions of other users or other people having access to the network. Enel Energia cannot under any circumstances be held responsible for any type of damage, direct or indirect, deriving to the Customer or to third parties: (i) from the use or inability to use any of the Services; (ii) from any interruption or suspension of any of the Services for any reason; (iii) from goods or services purchased or obtained by the Customer through the Services; (iv) from unauthorized access or from alteration of transmissions or data of the Customer, including, among other things, any damage, including economic, by the same Customer possibly suffered due to loss of profit, use, loss of data or other elements intangibles. The Customer undertakes to use the Services exclusively for lawful purposes and permitted by applicable legal provisions in force, by uses and customs, by the rules of diligence, in any case without infringing the rights of any third party, user of the means of communication or not, and paying particular attention to data protection regulations, laws on the protection of intellectual and industrial property and telecommunications legislation. The Customer fully and exclusively assumes all responsibility for the content of the messages and texts sent by him or in his name to third parties through the Services, acknowledging himself solely responsible for them and relieving Enel Energia, as well as the subjects connected to it or controlled by it, its representatives, employees as well as any partner of Enel Energia from any consequent request for damages or compensation and reimbursing Enel Energia for any cost deriving from claims or actions by third parties against it for damages caused by the Client or by persons authorized by the Client to access the Services .

The Customer acknowledges that any cancellation, requested by the customer, of the personal data communicated during registration may make it impossible for Enel Energia to guarantee the continuation of the service chosen in the event that the data, for which cancellation is requested, are deemed indispensable for the purposes of the service itself.

These General Conditions are governed by the laws of the Italian State. In the event that some of the provisions contained in these General Conditions are deemed invalid, void and/or, in any case, not applicable by virtue of the provisions of the law in force, the remainder must in any case be considered fully valid and effective.