General Terms and Conditions of Use MyAcea

General Terms and Conditions of Use - MyAcea Service

The following General Terms and Conditions of Use (hereinafter, the "General Terms and Conditions" or "Agreement"), shall apply to all the services listed under point  4 below (hereinafter, the "Online  MyAcea Services") as provided by Acea SpA through the portal www.acea.it/myacea and by other companies reachable via this portal belonging to the Acea Group, its affiliated, controlled and associate companies as defined in Article 2359 of the Italian Civil Code. Whosoever intends to access and use any one of the services offered by the MyAcea portal must firstly become a registered user of the services in question (hereinafter, “User”) according to the indications set forth in the following point 1 “Registration” and must accept the General Terms and Conditions. The General Terms and Conditions shall also apply to any new Online Services that may be provided for users in the future, unless otherwise laid down at the time of registration or first supply of the new service.

In order to access any one of the Online Services, you will be required to register by entering the requested data to the appropriate field of the Website. More specifically, on accessing the “Register with MyAcea” function you will be asked to enter the following information:  name, surname, email address and, optionally, a telephone number .  By completing the Registration procedure and clicking on the “REGISTER” button, the User confirms that he/she has carefully read and expressly accepts all the terms and conditions for using the Services, as hereinafter expressly indicated, as well as the separate privacy information notice. Following verification of data consistency, the User will receive an email at the address provided together with a link for the activation of credentials and subsequent setting of a personal password.

Administration of authentication credentials

The User is solely and exclusively responsible for maintaining the secrecy and confidentiality of his/her Username and Password and is therefore solely and exclusively responsible for all uses made of his/her Username and his/her Password, whether or not authorised by the User. Moreover, the User accepts full responsibility for the above mentioned identification data.

Personal Data

For Registration purposes, the User is required to provide certain personal data, which will be treated in observance of the provisions set forth in legislative decree no. 196 dated 30 June 2003 (the “Privacy Code”), as subsequently amended, according to the procedures described in the separate information notice made available in the registration area, pursuant to Section 13 of the aforesaid law. The User represents and warrants that his/her personal information as furnished to the MyAcea service is complete, correct and true and undertakes to update the same on a timely basis.

Responsibility for the use and safekeeping of authentication credentials

In connection with the foregoing, the User undertakes to inform Acea SpA immediately using the toll-free number 800 133 328 regarding any unauthorised use by third parties of his/her Username and/or Password or whatsoever other breach of security that should come to his/her attention, hereby undertaking in all cases to indemnify and hold harmless Acea SpA and the other Acea Group Companies involved in the supply of integrated Online Services via the MyAcea portal, against any and all claims, including for damage compensation, directly or indirectly submitted and/or arising from the above mentioned use or abuse on the part of whomsoever.

Users registered with the MyAcea Services portal, by filling in their personal information or entering the respective Customer Code, Tax ID and details of an identity document, may request the display of data pertaining to their ongoing supply contracts with the Companies reachable via this portal belonging to the Acea Group, its affiliated, controlled and associate companies as defined in Article 2359 of the Italian Civil Code and access to the services indicated in point 4 below. Acea shall have the right, in special cases, to follow a registration procedure other than the one described above.

By entering into this agreement, access is being requested to the MyAcea Online Services area where various operations connected with the supply contracts, in addition to other functions, can be easily managed from home.

Listed below are the main MyAcea Services available, grouped by section:

4.1 My account

Via this section, using the following functions, it is possible to manage data furnished at the time of registration to the MyAcea Services:

Web profile: This service allows the updating/modification of information provided at the time of registration (e.g. email address, etc...)

Account data: This service offers the possibility to request modification of respective passwords for access to the MyAcea Services and manage the privacy consents given

Management of email: Via this service, it is possible to manage additional email addresses, if any, recorded on the system

Contract data: This service permits the display of contractual records

4.2 Contracts

This section allows access to self-service commercial procedures: modification of billing contact information, modification of home address, change of use, change of account holder, reactivation, first activation.

4.3 Consumption and readings

This section can be used to administer information regarding individual consumption and meter readings:

Self-reading: The service allows you to communicate the reading for all ongoing supplies, by selecting the reference contract from your list of contracts/meters

Consumption and meter readings: This service allows you to display consumption and readings in both graphic and tabular form

4.4 Bills and payments

This section allows the display and management of information relating to bills, using the following services:

My bills: This service allows you to display information relating to your bills and payments, as well as enabling you to display a copy of bills in pdf format. Via the service you can also forward a request to pay one of your bills by instalments prior to its due date, at the contractual terms and conditions, and request a copy of a bill or payment slip. In cases where electronic invoicing/billing services have been activated, the bill or payment slip will be sent via the same procedures chosen to transmit the original document ;

Activation / Revocation of bills via email:  You can use this service to request bill-invoice delivery in electronic format via receipt of an email containing a reference to the bill-invoice document in the mailbox specified at the time of activation. Participation in the service implies discontinuation of paper mailing to the contact information shown on the bill-invoice which will nevertheless remain valid for all the communications and documents to be sent to the customer in paper form by Acea and the other Acea Group Companies. The service will only concern bills-invoices issued by Acea Group Companies  which are beneficial owners of respective supplies with regard to the normal invoicing cycle (periodic billing or consumption billing) issued after the date of activation. The service will be activated starting from the earliest  billing following the User’s request. By accessing the service after activation you may at any time change you electronic contact address or terminate the service. Termination will imply reactivation of paper mailing to the delivery address in operation at the time of the termination request.

Bank/Post Office direct debit: This service allows you to display information concerning active bank or post office direct debits  relating to your supplies and to modify current account details. The service also allows you to advance requests for bank or post office direct debits regarding your supplies which will then need to be confirmed by signing the appropriate form which will be sent to the delivery address indicated for the bills. The bank or post office direct debit will be activated once the service shows as having Direct Debit status;

Online payment: This service allows payment to be made for one or more of your bills directly online using a credit card. The service is available only for certain categories of Customer and subject to the condition that the latter’s payments are not already carried out via bank and/or post office direct debit.

4.5 Claims and invoicing adjustments

This section allows you to enter technical and commercial claims, as well as to submit claims concerning invoice adjustment requests.

 

Acea reserves the right to modify the General Terms and Conditions, whenever necessary for correct performance of the service. In the event of a change in the terms and conditions pertaining to the service, Acea will inform the User prior to his/her utilisation of the service, by way of an email message or displaying a notice at the moment of accessing the service.

The User undertakes to print on paper or on a suitable durable medium and to retain the General Terms and Conditions and any and all subsequent amendments made thereto. The utilisation of even just one Service by the User shall constitute confirmation of his/her intention to accept the General Terms and Conditions, the special conditions, if any, as well as the related subsequent amendments. The User will have the right to terminate the Agreement in the event that he/she does not intend to accept the new conditions, according to the procedures described in the following paragraph "Exercise of the right to terminate".

Acea SpA may provide links to other websites or to other Internet/Web resources. The User takes note and acknowledges  that Acea SpA cannot be held in any way responsible for the working of the said websites or external resources. Acea SpA is not obliged to verify and does not verify the content of the websites in question and does not take any responsibility for the content and/or advertising or other material divulged on such websites or external resources or for the products or services offered thereon. These products or services can by no means be considered sponsored, shared or supported by Acea SpA and the User therefore accepts all responsibility for the purchases made, if any, of such products or services.

The User recognises that the Services are utilised exclusively at his/her own risk. The Services are provided “as they are” and “as available”. Acea declines any and all responsibility for the User’s potential claims with regard to impossibility to utilise the Services for whatsoever reason. Acea does not offer any guarantee that the Services correspond to the to the Customer’s requirements, or that they are uninterrupted, convenient, secure or error-free; moreover, Acea offers no guarantee regarding the results anticipated, hoped-for or obtained by using the Services.

Acea takes no responsibility for direct or consequential damages, claims or losses deriving to the User as a result of the failure and/or faulty working condition of electronic equipment belonging to the User or third parties, including the Internet Service Providers, or of telephone and/or telematic connections  not directly managed by Acea or by persons for whom the latter is answerable.

Acea  may not be considered in default with respect to its obligations, or responsible for damages as a result of non-performance of the Services due to the improper functioning or failure  of the electronic means of communication due to causes outside its foreseeable control, including, by way of example, fires, natural disasters, power outages, unavailability of telephone connections  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 the Customer, as well as the actions of other users or other persons having access to the network.

In any case, under no circumstances can Acea be considered responsible for whatsoever type of direct or consequential damage deriving to the User or to third parties:

(i) from the use or impossibility to utilise any one of the Services; (ii) from the possible interruption of any one of the Services; (iii) from goods or services purchased or obtained by the User through the Services; (iv) from unauthorised access or alteration of Customer transmissions or data, including inter alia potential economic or other damage that may possibly be incurred by the Customer due to loss of earnings, use, loss of data or other intangible elements.

The User undertakes to utilise the Services exclusively for purposes that are lawful and permissible under the applicable provisions of law in force, customs and practices, due diligence rules, in any case without damaging the rights of whatsoever third party, whether a user of the means of communication or otherwise, and giving particular importance to data protection rules, laws concerning the protection of intellectual and industrial property rights and regulations with regard to telecommunications. The User accepts full and exclusive responsibility for the content of messages and texts he/she may send or have sent on his/her behalf to third parties via the Services, recognising his/her sole responsibility and holding harmless Acea and the other Acea Group Companies involved in the supply of services to the User through the MyAcea portal, as well as the parties associated with or controlled by the same, its representatives, employees and any of Acea’s partners, from and against whatsoever request for damages or compensation and reimbursing Acea in respect of any and all costs arising from third party claims or actions against it for damages caused by the User or by persons authorised by the User to access the Services.

The User expressly acknowledges that all intellectual property rights, protectable under the laws relating to copyright or other provisions, including, by way of example but not limited to, know-how, source code, software, hardware, projects, applications, patents, industrial secrets, formulas, algorithms, models, data banks and similar, relating to the Services, the data and other materials originating from Acea SpA and howsoever made available to the User by Acea SpA under the General Terms and Conditions, are and shall continue to be owned by Acea SpA or by parties legitimately licenced by the same. Acea SpA grants the User a personal non-transferable and non-exclusive licence to utilise the Services on a single computer in accordance with the General Terms and Conditions, it being nevertheless understood that the User may not copy, modify, sell, assign, licence, confer, transfer to third parties or create works derived from whatsoever right belonging to Acea SpA, or permit third parties to do so through the User or his/her computer.

Lastly, the User acknowledges that all contents (software, images, graphics, photographs, music, sound, videos, texts) pertaining to the promotional correspondence sent to the User via his/her email address are protected by the laws in force with regard to copyright, factory trademarks, service trademarks, patents or other ownership rights and laws. The User may not, therefore, copy, reproduce, distribute such content without express authorisation on the part of Acea SpA or the advertiser.

The User acknowledges that the General Terms and Conditions are in any case subject to the provisions of Legislative Decree no. 206 dated 6 September 2005, as subsequently amended – the Consumer Code – which also regulates remote contracts, taking into consideration the gratuitous nature of the Services, except insofar as concerns the installation and/or telephone or telematics connection costs relating to the internet network, which shall be borne solely by the User. The User nevertheless has the recognised right to terminate the Agreement at any time, without penalty, giving at least 14 days prior notice thereof, by sending an email communication to the following address: supportoweb@aceaspa.it.

The Services are provided for an indefinite period.

Acea may interrupt the supply of the Services, with immediate effect and without the need for prior notice, in the following cases:

if the User fails to furnish updated, complete and true personal data

if the User utilises the Services for unlawful purposes or to transmit or exchange material that is illicit, disturbing, racist, libellous or defamatory, harmful to the privacy of others, abusive, threatening, damaging, vulgar, obscene or otherwise reprehensible or which violates, or may violate, intellectual or industrial property rights or other third party rights; which causes harassment, disturbance or damage, in any way whatsoever, to minors  (violence, paedophilia, exploitation, etc.)

if the User utilises the Services for the transmission or exchange of viruses, chain letters, or the unrequested and mass distribution of emails

if the User violates the General Terms and Conditions or the special terms and conditions applicable to an  individual Service.

This agreement is governed by the laws of Italy. If any provision contained in this agreement is held to be invalid, null and/or in any case not applicable under the laws in force, the remaining provisions shall nevertheless continue in full force and effect.