BE CHARGE APP: TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

This document regulates terms and conditions (“General Conditions” or “Contract“) that will be applied to all the online services “BE CHARGE” (“Services” and, each individually, “Service“) provided by BE CHARGE S.R.L. “BE CHARGE” to customers, meaning for such those who will subscribe to the Service in the manner indicated below. To access the use of the Services it will be necessary to register in advance as a customer of the Service (“Customer” or “User“)) according to the indications of the following point “Registration and adhesion to the Service” accepting the General Conditions described below. The General Conditions will also be applicable to new Services that may be provided to Customers in the future, subject to their acceptance.

1. OBJECT OF THE CONTRACT

The object of this Agreement consists in the provision of the following Services through the dedicated app “BE CHARGE” on smartphones:

• charging of the electric vehicle at the public recycling stations of BEC (“BEC Charging Stations“) or third-party operators (“Third Party Charging Stations“)(collectively., “BEC Charging Stations” and “Third Charging Stations“, “Charging Stations“), compatible with the Service, which the Customer can access through the dedicated app “BE CHARGE” or through the associated RFID card;
• map display of the Charging Stations, dedicated to electric vehicles compatible with the Service provided by BE CHARGE;
• setting of preferred Ricarica Stations;
• reservation of the socket for a predefined time interval prior to unlocking and start of the charging process on the selected Ricarica Station;
• visualization of the itinerary to reach the selected Ricarica Station;
• unlocking the single socket and starting the charging process on the selected Charging Station, also via RFID card associated with the profile;
• monitoring of the charging process;
• interruption of the charging process through the dedicated button on the “BE CHARGE” app or via RFID card associated with the profile;
• notification of the termination of the Recharge Service;
• purchase and association of an RFID card to the profile;
• automatic payment of the fee for the Service, according to the methods pre-set in the Customer profile;
• viewing, in a dedicated section, the history of recharge sessions and invoices received;
• subscription and modification of your tariff plan;
• change of personal data and payment method associated with the profile;
• associating multiple profiles with the same account. Each profile will be characterized by a dedicated tariff plan and / or a dedicated display of the Ricarica Stations to which it can access. The identification of special profiles takes place by entering a unique code in the profile creation section of the “BE CHARGE” app or website.

BE CHARGE reserves the right to activate some of the previous Services referred to in this article 1 even at a later stage than the signing of this Contract.

2. REGISTRATION AND ADHESION TO THE SERVICE

2.1. Access to the Service may take place:

(i) following specific registration by the Customer through the “BE CHARGE” app for smartphones. Instructions for registering and joining the Service are available in the “How It Works” section and for more details in the “Frequently Asked Questions” section both in the “BE CHARGE” app and on the BE CHARGE website. By completing the registration procedure and clicking on the “Accept” button, the Customer declares to have carefully read and expressly accepted these General Conditions;

(ii) without prior registration on the “BE CHARGE” app, entering only the data and the payment method during the provision of the Service. Instructions for accessing the Service without registering are available in the “How It Works” section and for more details in the “Frequently Asked Questions” section both in the “BE CHARGE” app and on the BE CHARGE website.

2.2. The activation of the Service is in any case subject to the positive outcome of the verification by BE CHARGE of the payment instrument inserted during the subscription to the Service.

2.3. Membership in the Service is allowed only to those over the age of 18 and to individual VAT numbers.

2.4. Customers who want to use the Service without registering may, after entering the data necessary for payment and billing, use only the following Services:

• recharging of the electric vehicle at the public charging stations compatible with the Service which the Customer can access through the “BE CHARGE” app;
• map display of the Charging Stations dedicated to electric vehicles compatible with the Service provided by BE CHARGE.;
• display of the route to reach the selected charging station;
• unlocking the single socket and starting the charging process on the selected Charging Station;
• monitoring of the charging process;
• interruption of the charging process via the dedicated button on the “BE CHARGE” app
• notification of the termination of the Recharge Service;
• automatic payment of the fee for the Service, with the rate on consumption or time.

3. OBLIGATIONS OF THE PARTIES

3.1 The Customer, for each use of the Service and for the entire period of the duration of the Contract, has the obligation to comply with and observe the provisions contained in these General Conditions.

3.2 BE CHARGE may at any time update, supplement or modify the Services covered by this Agreement. These changes will be communicated by means of publication on the site https://www.bec.energy/be-charge-app-termini-e-condizioni/ and by direct communication to the Customer at the e-mail address communicated by the same during registration and adhesion to the Service. In any case, the Customer’s right to withdraw from this Contract remains unaffected

4. DURATION, WITHDRAWAL, TERMINATION

4.1 This Agreement is for an indefinite period.

4.2 The Customer, following the adhesion, may in any case exercise the “right of reconsideration” within 14 days of adherence to this Contract. If the Customer uses the Services provided for in this Agreement during the expiry of the terms of the “rethinking” and subsequently exercises the right to reconsider, the costs related to the use of the Services used until the deactivation may be charged. The “right to change the mind” may be exercised by the Customer by sending a communication to the support@bec.energy mailbox. The Customer will receive feedback on the management of the “rethinking” by e-mail.

4.3 The Customer may withdraw from this Agreement by sending a request for account deactivation, by means of a written communication to the dedicated mailbox support@bec.energy. BE CHARGE will deactivate the account within 10 (ten) days of receiving the email. In this case, the Customer will be invoiced for the fees relating to the Services used until the account is deactivated.

4.4 BE CHARGE shall have the right to terminate this Contract with immediate effect pursuant to Article 1456 of .c in the following cases:

(i) the Customer is in breach of its payment obligations; or,

(ii) the Customer uses the Service in violation of these General Conditions;

The withdrawal by the Customer, or the termination of this Contract by law, entails the loss of quality of customer with relative deactivation of the account and automatic dissolution of the Contract and any consequential relationship connected to the Service. The Customer will be charged the costs related to the use of the Services used until the account has been deactivated.

5. SERVICE AND ANCILLARY SERVICES FEES

5.1 Registration for the Service by the Customer is free of charge.

5.2. The use of the Services provides for the payment of a fee for the Charging Service, which is calculated using as a reference parameter the kWh taken from the Charging Station. This fee is all-inclusive and includes all costs related to the use of the Service and all any taxes for which the legislation provides for the right of recourse except VAT. This consideration shall be calculated in the manner set out below.

5.3. Different pricing plans are available and the cost of the Service is calculated based on the selected pricing plan. Access to the Services indicated in the paragraph “Object of the contract” is subject to the subscription of one of the tariff plans indicated below.

For each profile associated with the Customer’s account, one of the following pricing plans can be associated:

• Consumption tariff plan: at the end of each recharge session the cost of the Service is calculated by multiplying the kWh withdrawn by the unit fee established for the Service. The fee may be different depending on the type of socket used and its updated value can be viewed in the “BE CHARGE” app. The invoice is issued and sent to the Customer at the end of each recharge session. BE CHARGE S.R.L. will carry out a pre-authorization for an amount of € 45 before the start of the session. The amount of the pre-authorization exceeding the sum to be paid for the recharge will be released at the same time as the payment of the same.
• “Premium consumption” tariff plan: at the end of each recharge session the cost of the Service is calculated by multiplying the kWh withdrawn by the unit fee established for the Service. The fee may be different depending on the type of socket used and its updated value can be viewed in the “BE CHARGE” app. BE CHARGE will make a pre-authorization for an amount of € 45 before the start of the session. The amount of the pre-authorization exceeding the sum to be paid for the recharge will be released at the same time as the payment of the same. The invoice is issued and sent to the Customer at the end of each recharge session. The Booking Service is activated with the payment of an annual fee / fee that gives access to the Service unlimited for one year from the date of subscription. The updated value of the annual fee / fee can be viewed in the dedicated section of the “BE CHARGE” appAt the end of the validity period (one year) the option is automatically deactivated. The invoice is issued and sent at the time of purchase of the option. Always check on the app “BE CHARGE” and on the web the infrastructures compatible with the Booking Service.
• Tariff plan “monthly fee”: for a fixed monthly fee, the Customer can use the Service until the maximum monthly threshold of kWh provided for by the selected plan is reached. If the maximum threshold before the monthly renewal of the plan is exceeded, the rate will be set automatically “on consumption”. The monthly fee also includes unlimited access to the Booking Service and access, at no additional cost, to all types of sockets. This tariff plan is activated at the time of the subscription date and is automatically renewed every month, on the same day. The updated value of the monthly kWh threshold and the monthly fee can be viewed in the dedicated section of the “BE CHARGE” and the BE CHARGE website.
• “Timed” tariff plan: at the end of each recharge session, the cost of the Service is calculated based on the time of use of the Service. The fee may be different depending on the type of socket used and its updated value can be viewed in the “BE CHARGE” app. The invoice is issued and sent to the Customer at the end of each recharge session. BE CHARGE S.R.L. will carry out a pre-authorization for an amount of € 45 before the start of the session. The amount of the pre-authorization exceeding the sum to be paid for the recharge will be released at the same time as the payment of the same.

The updated value of the monthly kWh threshold and the monthly fee can be viewed in the dedicated section of the “BE CHARGE” app.

It is understood that if the Customer makes a recharge at a Third Party Charging Station compatible with the “BE CHARGE” app, the Costs and Rates established by the third party owner of the Charging Station will be applied to the Customer.

5.4. With regard to the BEC Charging Stations, if BE CHARGE proceeds at any time to update the tariff plans, it will take care to send a direct communication to the Customer to the e-mail address communicated by the Customer when joining the Service, as well as to mention the updated rates on the BE CHARGE website. The changes will take effect from the beginning of the first month following that in which BE CHARGE has communicated them to the Customer in writing.

With regard to the Third Party Charging Stations accessible through app “BE CHARGE”, the applicable rates will be those from time to time reported on the “BE CHARGE” app referring to Third Party Charging Stations, being neither competent nor in the sphere of control of BEC and therefore not even under its own responsibility, both their determination and their possible modification.

The Customer’s right to withdraw from the Contract remains unaffected.

The details of the tariff plans will be available in the appropriate section of the “BE CHARGE” app and in the same sections the Customer can modify, for each profile associated with the account, at any time the tariff plan without any cost or constraint.

For each profile associated with the account, the Customer has the possibility to set up a dedicated tariff plan.

Here’s how to change your pricing plans:

• From a “pay-as-you-go” or “timed” tariff plan to a “monthly fee” tariff plan: it takes effect within 24 hours of the request;
• from a “monthly fee” tariff plan to another “monthly fee” tariff plan: it will be effective at the end of the month included in the monthly fee of the starting plan;
• From a “monthly fee” tariff plan to the “pay-as-you-go” or “timed” tariff plan: it will be effective at the end of the month included in the monthly fee of the starting plan.

5.5. The Customer will not be able to occupy the charging socket and the relative parking area for a longer time than that indicated in app “BE CHARGE” as “free parking”. BE CHARGE may provide for additional fees if the occupancy time of the charging socket and the related parking area is longer than the “free parking” period indicated in app “BE CHARGE”. The occupation time of the socket is calculated from the moment in which the energy supply from the charging socket ends.

This sum will be charged to the Customer, after the end of the charging session, for each minute following that specified from time to time in the detail of the charging station and until the moment when the connector will not be removed from the socket used. The amount of this sum and the time slots in which it applies are shown on the “BE CHARGE” app and possibly on the website.

The start time of the charge can be viewed in real time on the “BE CHARGE” app on the charging screen in progress and, at the end of the charging session, also in the “Activity – History” section.

6. INVOICING AND PAYMENTS

6.1. The invoice shows the charges and / or any credits, specifying the related Services used. The invoice is issued in digital format and is sent to the e-mail address indicated during registration and stored in the “invoice history” section of the “BE CHARGE” app. Payment can be made, through the “BE CHARGE” app, the eligible payment methods (accepted credit cards, other payment systems) are indicated in the “BE CHARGE” app in the section on payments. The debit of the amount due by the Customer to BE CHARGE is made at the time of conclusion of the Service. The invoice will show the charges and / or any credits, specifying the related Services used.

6.2. The billing frequency varies depending on the tariff plan selected as follows:

• “Pay-as-you-go” or “timed” tariff plan: the invoice is issued and sent to the Customer at the end of each recharge session;
• “Premium consumption” tariff plan: the invoice is issued and sent at the time of purchase of the option while for top-ups it is issued at the end of each session;
• “Monthly fee” tariff plan: the invoice is issued and sent to the Customer on the day of subscription of the plan or renewal. The invoice includes both the fee for the reference period and any extra costs due to exceeding the monthly threshold in the month preceding the renewal. The invoice is issued monthly, on the same day of each month.

6.3. The payment method is specific to each profile linked to the account. For all Customers, the payment method associated with their account when joining the Service or their profile is the normal payment method of the Service.

In the event that the payment of the Service is not successful, BE CHARGE will communicate the non-payment to the Customer by suspending the Service until the balance of the amount due.

6.4. BE CHARGE may terminate the Contract pursuant to Article 1454 of .c., subject to a warning to fulfill within a minimum period of 15 days, in the event of non-payment or partial payment and in the event of late payment of the consideration relating to even a single invoice.

6.5. BE CHARGE will suspend the Service at the first invoice issued and not paid. The Service and billing will be reactivated upon the balance of the unpaid invoice.

7. RFID CARD

The Customer has the right to purchase an RFID card in the appropriate section of the “BE CHARGE” app. The card allows the Customer to start and end the recharge following the tariff plan of the profile to which it was associated. The card, to be activated, must be associated via the “BE CHARGE” app to a Customer profile.

8. DISCOUNT COUPON

For the purposes of these provisions, the following terms are defined below:

Coupon/Voucher: alphanumeric code provided occasionally by BE CHARGE, available online or through a paper flyer, which allows access to an immediate discount scheme. The code must be entered by the Customer within the “BE CHARGE” app. Each Coupon/Voucher has an expiration date and can only be used once.

Promotion: discount scheme applied automatically by BE CHARGE to a group of Customers.

Wallet (multi-purpose fee voucher): tool provided by BE CHARGE that allows the crediting of a sum of euros to be used for electric charging at the BE CHARGE Charging Stations and / or, depending on the cases identified in app “BE CHARGE”, at Third Party Charging Stations with which BE CHARGE has, where appropriate, entered into an interoperability agreement. The tool can be activated by the Customer directly in app “BE CHARGE” by credit card. It can also be provided by BE CHARGE directly to the Customer through the use of an alphanumeric code that must be entered by the Customer within the “BE CHARGE” app and can be used only once. The wallet will expire in app “BE CHARGE” at the time of purchase. When the indicated deadline is exceeded, the residual and unused credit on the wallet will be reset, will no longer be usable and will not be compensated. It is always possible to buy an additional wallet whose credit will compete, but not to accumulate, with the credit of another wallet already present. In case of co-presence of several wallets, the payment system of the app “BE CHARGE” will use with priority the credits closest to maturity. The multi-purpose voucher can in no case be converted into money.

(Coupon/Voucher, Promotion, Gift Card and Wallet defined as “Discount Tools“)

The Customer can take advantage of special discount schemes through the assignment of Coupons / Vouchers, through the activation of a specific Promotion or, through the use of Gift Cards.

Discounts may be of different nature, by way of example:

– service wallets expressed in kWh;

– percentage discounts on the total recharge made;

– discount in euros on a specific recharge;

– discount in kWh on a specific recharge;

– discount in euros and / or kWh on several recharges made;

– other types of discount that will be communicated by BE CHARGE depending on the case.

Discounts can be activated via app “BE CHARGE” by entering the relative identification code in the dedicated section of your profile or payment method based on the characteristics of the Discount Instrument.

Without distinction between Coupon/Voucher, Promotion or Gift Card, the discount scheme applied by BE CHARGE will be subject to the following terms and/or conditions:

1. a) BE CHARGE reserves the right to cancel and/or modify at any time the discount regime relating to each Discount Instrument;
2. b) unless otherwise indicated, Coupons/Vouchers cannot be combined with other Coupons/Vouchers;
3. c) unless otherwise indicated, the Promotions cannot be combined with other Promotions;
4. d) unless otherwise indicated, Gift Cards cannot be combined with other Gift Cards;
5. (e) a single alphanumeric code may only be used once by the same account;
6. f) Coupons/Vouchers cannot be used beyond the expiry date;
7. g) to take advantage of the discount, a minimum recharge fee may be required;
8. h) the Coupon/Voucher, the Promotion and/or the Gift Card can only be used on the “BE CHARGE” app.

Some discounts may be subject to special terms and/or conditions of use. In this case, all the details relating to the use of the specific discount will be reported in the information of the Discount Instrument used (Coupon / Voucher, Promotion, Gift Card and Wallet) available online.

Refer a Friend Program Terms and Conditions

The “Invite a Friend” Program allows users registered on the “BE CHARGE” app to get a discount coupon on the recharge service, inviting other users to become Clienti of BE CHARGE.

How to get discount coupons on top-up with invitations

BE CHARGE Users get discount coupons on the recharge service if a friend invited by them completes an action expressly indicated in the description of the program Invite a friend that can be consulted at any time on the app “BE CHARGE” and on the page dedicated https://www.bec.energy/promo/referral/ . The coupons obtained have no monetary value and cannot be transferred or exchanged for cash. In addition, coupons from the “Refer a Friend” Program cannot be accumulated but are only valid on a single top-up.

Sharing invitation links

Invitations should only be sent for personal, non-commercial purposes. Invitation links may not be posted or distributed on commercial websites (e.g. coupon websites). BE CHARGE Users are prohibited from “spamming” with referral invitations. This includes sending bulk emails, SMS or messages to people you do not know or through the use of automated systems or bots through any channel for the purpose of distributing your invitation link. BE CHARGE Users are prohibited from paying to advertise their invitation links.

Resolution and variations

BE CHARGE may suspend or terminate the Invitation Program or the ability of an Utente to participate in it at any time and for any reason.

BE CHARGE reserves the right to suspend accounts or remove shopping coupons in case of activities deemed abusive, fraudulent or in violation of the Terms of Service.

9. DISCLAIMER

9.1 Excluding cases of willful misconduct or gross negligence of BE CHARGE, the latter will not be liable for direct or indirect damages of any kind that the Customer or the third party may in any way suffer due to the Service, which are not directly attributable to BE CHARGE, or changes in the methods, times and / or conditions of provision of the Service, as well as due to the suspension, interruption or otherwise unavailability of the Service itself dependent on vehicles, technological equipment, telecommunications computer systems and in any case from any cause attributable to third parties in general. Likewise, BE CHARGE will not be liable for the failure to activate some of the Services pursuant to Article 1.

9.2 Furthermore, any liability of BE CHARGE for the total or partial non-fulfillment of the obligations assumed, due to force majeure such as, by way of example and not exhaustive: acts of the State and the Public Administration, acts of the Public Authority, legal limitations, fires, floods, explosions, mobilizations, riots, strikes, industrial disturbances, lack of electricity, interruption of telephone lines, lack of fuel oils and others.

9.3 The Customer, in any case, expressly exempts BE CHARGE from any liability for any damage of any kind suffered by the Customer himself and / or by third parties in relation to the execution of the Contract, not deriving from willful misconduct or gross negligence of BE CHARGE, but attributable to willful misconduct or gross negligence of the Customer.

9.4 BE CHARGE or Customers may provide links to other sites or other internet/web resources. The Customer acknowledges and acknowledges that BE CHARGE cannot in any way be held responsible for the operation of external sites or resources. BE CHARGE is not obliged to control and does not control the content of such sites and assumes no responsibility for the content and / or material, including advertising, disclosed on such external sites or resources or for the products or services offered therein. These products or services cannot be considered in any way sponsored, shared or supported by BE CHARGE and therefore the Customer assumes all responsibility for any purchases made of such products or services.

10. PROHIBITION OF RESALE OR COMMERCIAL USE OF THE SERVICES

Customer’s right to use the Services is personal and non-transferable. The Customer is prohibited from reselling or making any other commercial use of the Services, without the written consent of BE CHARGE.

11. INDEMNITY

11.1 The Customer undertakes to use the Services exclusively for lawful purposes and permitted by the applicable legal provisions in force, by the uses and customs, by the rules of diligence, in any case without prejudice to the rights of any third party, user of the means of communication or not, and paying particular attention to the rules of data protection, the laws on the protection of intellectual and industrial property and the legislation on telecommunications. The Customer assumes all and exclusive responsibility for the content of messages and texts sent by him or on his behalf to third parties through the Services, acknowledging sole responsibility and relieving BE CHARGE, as well as the subjects connected or controlled by it, its representatives, employees, as well as any partner of BE CHARGE, from any consequent request for damages or recourse, also reimbursing BE CHARGE for any cost deriving from claims or actions of third parties against it for damages caused by the Customer or by persons authorized by the Customer to access the Services.

11.2 In relation to the above, the Customer undertakes to immediately notify BE CHARGE at the e-mail address support@bec.energy of any unauthorized use by third parties of his account or any other breach of security of which he becomes aware, committing himself as of now to indemnify and hold HARMLESS BE CHARGE from any and all requests, also for damages, proposed and / or deriving, directly or indirectly, from the aforementioned use or abuse by anyone.

12. POWER LEVEL OF ENERGY THAT CAN BE SUPPLIED

12.1 The Instantaneous Power Level of Energy that can be delivered from the charging sockets may reach a maximum equivalent to the value in kW indicated on the “BE CHARGE” app (“Power Level“).

12.2 The maximum Power Level indicated on the “BE CHARGE” app may not actually be provided due to technical reasons such as, but not limited to, network congestion or other technical causes inherent in the vehicle, the state of the battery, the charging infrastructure or the network connection.

12.3 It is understood that BE CHARGE will not be held responsible in any way for any power supply of energy that is lower than the Power Level, even if this is indicated or estimated on the “BE CHARGE” app.

13. PROCESSING OF PERSONAL DATA

For the purpose of joining the “BE CHARGE” Service covered by this agreement, the Customer must provide some personal data whose processing will take place in compliance with the provisions contained in Regulation (EU) 2016/679 (“GDPR“). The provision of the aforementioned personal data is a necessary prerequisite for the aforementioned adhesion and their failure, partial or incorrect conferment could make it impossible to use the Services covered by this Contract. The Customer’s personal data are processed, also with the aid of IT tools, in such a way as to guarantee an adequate level of security and confidentiality, in accordance with the regulations in force on the subject, exclusively for the purpose of executing this Contract and also for any further activity instrumental to the subscription and / or activation of Services covered by the Contract itself, including the necessary credit risk control activities as well as, for the Customer who gives express authorization, the processing of data relating to the position of the Customer. Exclusively for these purposes, personal data may also be disclosed to companies of the BE POWER Group as well as to third party service providers as independent Data Controllers and / or Managers and may become aware of subjects responsible for managing the prize operation as persons authorized to process specifically appointed. It will be possible at any time to exercise the rights referred to in art. 15 and following of the GDPR (such as requesting cancellation, transformation into anonymous form, blocking of data processed in violation of the law, including those whose retention is not necessary; oppose in whole or in part the processing of data for the purpose of sending advertising material, direct sales, etc.), by sending the related requests to the dedicated mailbox privacy@bec.energy. The data controller is Be Charge S.r.l.. For more information on the processing of personal data by BE CHARGE, please refer to the Privacy Policy pursuant to Article 13 of the GDPR available on the “BE CHARGE” app.

14. MODEL OF ORGANIZATION, MANAGEMENT AND CONTROL PURSUANT TO D.LGS. 231/2001

The Customer declares to have read and be aware of: (a) the general standards of transparency of sensitive activities of Model 231 pursuant to Legislative Decree 231/2001 and the Eni Code of Ethics, adopted by BEC, (b) Eni’s “Management System Guideline Anti-Corruption” and (c) Eni’s Declaration on respect for human rights. The documents referred to in points (a), (b) and (c) shall be available on the website www.eni.com.

These documents have been prepared on the basis of the principles of the international regulations and best practices of reference, which the Customer shares and undertakes to respect

15. INTELLECTUAL PROPERTY RIGHTS

The Customer expressly acknowledges that all intellectual property rights, which can be protected on the basis of copyright rules or other provisions, including, but not limited to, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and the like, relating to the Services, data and other materials from BE CHARGE or otherwise made available to the Customer by BE CHARGE by virtue of the General Conditions are and remain the property of BE CHARGE and the subjects of which the same is legitimate licensee. It is understood that the Customer may not copy, modify, sell, assign, license, confer, transfer to third parties or create derivative works from any right of BE CHARGE, nor allow third parties to do so through the Customer or his electronic device. Finally, the Customer acknowledges that all the contents (software, images, graphics, photographs, music, sound, video, texts, data, etc.) of any promotional correspondence between the Customer and third parties who advertise their products through the “web mail” service, are protected by current regulations on copyright, trademarks, Service trademarks, by patents or other proprietary rights and laws. Some areas of the “BE CHARGE” app implement Google Maps mapping services including Google Maps application programming interfaces (APIs). The customer’s use of Google Maps is subject to the terms and conditions of the services provided by Google Maps.

16. APPLICABLE LAW AND JURISDICTION

16.1 These General Conditions are subject to current Italian law. It is without prejudice to the application to Customers who are also consumers in the sense of the Consumer Code, as defined below, who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

16.2 In compliance with current regulations (Legislative Decree no. 206/2005 and subsequent amendments and additions – “Consumer Code“), in the case of a Customer who is also a consumer in the sense of the Consumer Code, for any dispute relating to the application, execution and interpretation of these General Conditions, the court of the place where the Customer resides or has elected domicile is competent. For all other cases, the Court of Milan is competent.

17. ALTERNATIVE DISPUTE RESOLUTION

17.1 Pursuant to Article 141-sexies paragraph 3 of the Consumer Code, BE CHARGE informs the Customer that he is also a consumer in the sense of the Consumer Code that, in the event that he has submitted a complaint to BE CHARGE, as a result of which, however, it was not possible to resolve the dispute that has arisen, he may devolve the resolution of the dispute amicably through conciliation to RisolviOnline , an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan. For more information on the regulations of RisolviOnline or to send a request for conciliation, the Customer who is also a consumer in the sense of the Consumer Code can consult the website www.risolvionline.com.

17.2 As an alternative to the provisions of Article 13.1 above, BE CHARGE also informs the Customer that he is also a consumer in the sense of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is accessible at the following address: http://ec.europa.eu/consumers/odr/ . Through the ODR platform, the Customer who is also a consumer in the sense of the Consumer Code will be able to consult the list of ADR entities, find the link to the website of each of them and start an online dispute resolution procedure in which he is involved. The e-mail address of BE CHARGE to be indicated in the ODR platform is as follows: bechargesrl@legalmail.it.

17.3 The Customer who is also a consumer in the sense referred to in the Consumer Code who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007, of 11 July 2007.

17.4 In any case, the rights of Customers who are also consumers in the sense of the Consumer Code to refer to the ordinary judge competent for any dispute arising from these General Conditions, whatever the outcome of the out-of-court settlement procedure, as well as, where the conditions are met, to promote an out-of-court resolution of disputes, are reserved, where appropriate, through the use of the procedures referred to in Part V, Title II-bis of the Consumer Code, entitled precisely “Out-of-court settlement of disputes“.

18. ASSISTANCE AND COMPLAINTS

You can request information, send communications or forward complaints to BE CHARGE in the following ways:

(i) through the “BE CHARGE” app, by accessing the following Customer Service section;

(ii) by sending an email to support@bec.energy;

(iii) at the following telephone number, active 24h/24h: 0287119401.

BE CHARGE will respond to complaints by email within 5 working days from the date of the complaint.

19. UNFAIR CLAUSES

The parties expressly declare that they accept the content of articles 2, 3, 4, 5, 6, 9, 11, 13, 14, 16, 17, 19.