For the Privacy Policy, please refer to this page.

Terms and Conditions of Use

SUMMARY

These Terms and Conditions of Use govern access to and use of the mobile device application (hereinafter, the “App”) managed by FastWay S.p.A. S.B.

company headquartered in Milan, Viale Forlanini no. 23, Tax Code and registration number in the Milan, Monza-Brianza, and Lodi Business Register 12511460961 (hereinafter, “FW”) – as well as the terms and conditions for the purchase of the services offered by FW through the App (hereinafter, the “Services”).

FW is a company specialized –inter alia – in providing electric vehicle charging services (the “Charging Service”) at its own charging infrastructures (the “Charging Infrastructures”).

Within this document and on the App, the terms “we,” “us,” and “our” refer to FW, which offers the App—including all information, tools, and services available therein—to the user (hereinafter, the “User” and/or the “Customer”), provided that they accept the terms, conditions, policies, and notices as specified below.

This page must be reviewed by the User prior to creating an account and purchasing the Services offered through the App. The purchase of Services offered by FW through the App, as described below, implies full knowledge and consequent acceptance of these terms and conditions of use (hereinafter, the “Conditions of Use” and/or the “Terms” and/or the “Terms of Service”).

Any new feature, element, or tool added to the App will be subject to these Conditions of Use. The most recent and updated version of the Conditions of Use will always be available at any time in the dedicated section of the App. We reserve the right to update, modify, or replace any part of these Conditions of Use in accordance with applicable laws. Any such modification will become effective upon publication on this page. As a result, the purchase of Services following the publication of any changes constitutes full acceptance thereof.
By accepting these Conditions of Use, the User declares that they are of legal age in their state or province of residence. It is necessary to have the latest version of the App to ensure its proper functioning. It is the User’s responsibility to periodically check the App to verify that they are using the most recent version.

These Conditions of Use apply whether the Customer is a “consumer” (pursuant to Article 3, paragraph 1, letter a of Legislative Decree No. 206 of September 6, 2005, the so-called “Consumer Code”), meaning a natural person acting for purposes unrelated to any business, commercial, artisanal, or professional activity they may carry out, or a “professional” pursuant to Article 3, paragraph 1, letter c) of the Consumer Code, meaning a natural or legal person acting in the exercise of their business, commercial, artisanal, or professional activity, or an intermediary thereof.

SECTION 1 – “CHARGING INFRASTRUCTURE LOCATION SERVICE” AND “CHARGING SERVICE”

Through the App, the User has the possibility to use the Services offered by FW, including:

  • “CHARGING INFRASTRUCTURE LOCATION SERVICE”
  • “CHARGING SERVICE”

Section 1.1: Charging Infrastructure Location Service

Through the “Charging Infrastructure Location Service,” Users will be able to locate—thanks to the map available on the App—FW-owned Charging Infrastructures for electric vehicles in their vicinity.

The User will also have the possibility to manage the search using specific filters for plug type and/or power.

FW makes every effort to maintain reliable technical information and accurate locations of the Charging Infrastructures.

Section 1.2: Charging Service

Through the “Charging Service,” the User can start a charging session at FW-owned Charging Infrastructures. Access to the Charging Services is permitted exclusively to customers over the age of 18.

The Charging Service can be purchased through this App.

The Charging Service includes:

  • charging the electric vehicle at FW-owned public Charging Infrastructures;

  • unlocking the individual plug and starting the charging process at the selected Charging Infrastructure;

  • monitoring the charging process at the selected Charging Infrastructure;
  • interrupting the charging process through a specific function on this App.

Activation of the Charging Service is subject to the successful verification by FW of the payment method provided during the subscription to the Charging Service and/or the creation of the personal account on the App. For accepted payment methods, see Section 3 below.

In order to purchase the Charging Services, the User may create a personal account on the App, enter the required data, and purchase the Charging Service by following the instructions provided on the App, as further detailed in the following Section. 3.

Upon completion of the Charging Services, the User is required to vacate the area in front of the Charging Infrastructure to allow other customers to use the Charging Services.

In case the Charging Infrastructure is occupied beyond the “free parking” period, an overstay fee will be applied to the User. The “free parking” period begins when the vehicle’s battery reaches 100% charge or when the charging is interrupted and lasts for 60 minutes.

At the end of the “free parking” period, the time of occupation of the Charging Station relevant for the application of the overstay fee runs from the end of the “free parking” period until the moment the connector is detached from the vehicle.

The overstay fee applied to the User for the Charging Stations is calculated by applying a fixed charge for each minute of occupation of the Charging Station and the related parking area, as indicated on the App.

The instantaneous power level deliverable by the charging plugs may reach a maximum equivalent to the kW value indicated on the Charging Infrastructure and on the App. The maximum power level indicated on the Charging Infrastructure may not actually be delivered due to technical reasons such as, by way of example and not limited to, network congestion or other technical causes related to the vehicle, the battery status, or the network connection.

FW cannot be held responsible for the delivery of energy at the Charging Infrastructure below the indicated maximum level, nor can it be considered liable for any damage to the vehicle caused by energy absorption beyond the levels allowed by the vehicle itself.

SECTION 2 – CHARGING SERVICE FEE AND SERVICE PRICES

The fee for the Charging Service is calculated using the kWh withdrawn from the Charging Infrastructure as the reference parameter. This fee is all-inclusive and includes any applicable taxes. The fee applicable to the Charging Service will be calculated by multiplying the kWh withdrawn by the unit cost indicated at the time the Service is provided. Due to frequent changes, FW reserves the right to update prices at any time without prior notice.

The prices of the Services indicated on this App are calculated in Euro (€). The prices of the specific Service being purchased are shown on the App at the time of purchase. Service prices may be subject to change, as further detailed in Sections 9 and 14. In any case, any changes in prices will not apply to Services already provided and/or products (Cards) already purchased through the App, except in the case of serious errors, inaccuracies, and/or omissions. The User therefore agrees to verify the final sale price before purchasing a specific Service/Card. Any bank charges are the sole responsibility of the User.

SECTION 3 – PAYMENT METHODS AND BILLING FOR THE CHARGING SERVICE

Section 3.1: Access Methods to the Charging Service via the App

The User may access the Charging Service via the App through the following steps:

  1. The User must download the App onto their mobile device and declare that they have read and accepted the content of these Conditions of Use, as well as having read the Privacy Policy regarding the processing of personal data;
  2. The User must then create a personal profile by entering the data requested by the App, including:
    • if the User is a “consumer”: first name, last name, date of birth, address, email, phone number, and Tax Code (if an invoice is requested), in addition to choosing a password required to access the account;
    • if the User is a “professional”: first name, last name, date of birth, address, email, phone number, VAT number, company name, in addition to choosing a password required to access the account.
  3. In order to access the Charging Service, the User must also link an active, valid, and verified digital payment method to their personal profile; a minimum prepaid credit of €25.00 (twenty-five euros) must also be available, as further specified in the following Section. 3.2.

The contract between the User and FW regarding the Charging Services is considered concluded at the moment the User initiates a charging session via the App. By using the App to activate and manage the Charging Service for their vehicle, the User expressly accepts these Terms and agrees to comply with all provisions set forth therein.

The charging session is considered active and ongoing from the moment the charging has been successfully started, and the payment of the amount due for the Charging Service will be charged by FW in accordance with the terms set out in the following Section. 3.2. By following the appropriate instructions on the App, the User will have the option to choose between an invoice and a receipt.

Section 3.2: Payment Methods for the Charging Service via the App

Payment for the Charging Service via the App must be made using prepaid credit. The prepaid credit is managed through a virtual wallet (the so-called “wallet”), which governs transactions and defines the User’s available credit.

Before starting a charging session and accessing the Charging Service, the User is required to load a minimum amount of €25.00 (twenty-five euros) and must always maintain a minimum balance of €25.00 in their wallet in order to initiate the Charging Service. This measure has been introduced by FW to prevent fraudulent activities and ensure transaction security. In the event that the User decides to stop using the App, the credit will not be refunded by FW. However, the User will have the opportunity to use up any remaining credit before permanently discontinuing the service.

There is the option to enable/disable the top-up service, whereby the wallet credit will be automatically replenished once it falls below €25.00, to reach the budget set by the customer. The default budget set by the App is €50.00.

In the event that, following the charge for a charging session activated using prepaid credit, the User’s account balance becomes negative, the User expressly and in advance authorizes the debit of an amount that restores the prepaid account balance to the minimum credit indicated above.

If the credit card or the prepaid card, authorized electronic payment method, or any other accepted form of electronic payment registered by the Customer declines a charge, FW will attempt to process the charge again. In the event of a failed or declined charge, FW will notify the Customer of the unsuccessful payment.

FW reserves the right to suspend the Customer from the Charging Service until any outstanding debts are settled and/or in the event of failed debit attempts as described in the previous paragraph. In case of non-payment, late payment, or partial payment, default interest will be applied to the Customer in accordance with Legislative Decree 231/2002.

The User acknowledges that the minimum amount required in the wallet in order to access the Charging Service via the App may vary over time—at FW’s discretion—taking into account different market conditions, the User’s reliability, or other factors that may affect the risk level and the final price of a charging session. In such cases, FW will notify the Customer in advance through the App and/or via the contact details provided during the creation of the personal profile.

The payment methods accepted on the App include PayPal, Credit Card, and Debit Card. The User is informed that all transactions and payment data used on the App are managed by third parties, and that FW does not store or retain Users’ credit card information. The security of payment information is managed directly by third-party payment providers, in accordance with current data protection regulations.

For any support or clarification needs, you can contact customer service using the contact details provided in the following Section. 6. In this regard, the operators of the company ROUTE 220 S.R.L. (VAT no. 08671940966, with registered office in Milan, MI, Via Carducci no. 12, “ROUTE 220 S.R.L.”), the company to which FW entrusts the provision of customer service, will respond.

Section 3.3: Coupon and Cashback Services

The App may allow the Customer to access promotions, discounts, and special offers through the use of specific coupons. Coupons can be used to obtain Charging Services, which will be made available via charging credits within the App. Coupons can be activated by following the instructions provided within the App and will be valid according to the terms and conditions communicated to the Customer at the time of activation.

The owner of the App also reserves the right to activate, at its discretion, cashback services in favor of the User in relation to the purchase of Charging Services, which will be communicated to the Customer in advance via email.

It is specified that all promotions, coupons, and cashback services may be made available and, therefore, will be activated at FW’s discretion, which reserves the right—once activated—to modify, suspend, or revoke them at any time, without prior notice, and according to the procedures that will be communicated to the Customer from time to time.

SECTION 4 – USING THE CHARGING SERVICE VIA CARD (RFID)

4.1. Purchase and Activation of the Card

The User has the option to purchase an RFID Card (hereinafter, the “Card“) through the designated section.

The purchase is finalized when the User receives confirmation of the successful purchase of the Card. At the time of purchase, a confirmation will be sent to the Customer via the App and/or email.

Once the purchase is completed, the Card will be sent to the User by the company ROUTE 220 S.R.L. to the shipping address provided by the User during the purchase process.

4.2 – Use of the Card

The Card is linked to a User profile and can be used to purchase the Charging Service only if the User’s profile is configured with a valid payment method and the User has sufficient credit, equal to or greater than the minimum required amount (as specified in Section 3.2 above).

FW reserves the right to verify the proper use of the Card and, in the event of confirmed violations, to proceed with its immediate cancellation. Any misuse of the Card by the User will result in immediate exclusion from the Services associated with it.

4.3. – Right of Withdrawal

Pursuant to Article 52 of the Consumer Code, the “consumer” User has a period of 14 (fourteen) days from the date of receipt of the Card to withdraw from the contract without providing any reason and without incurring any costs other than those provided for under Article 56, paragraph 2 of the Consumer Code

Pursuant to Article 54 of the same legislative decree, to exercise the right of withdrawal, the User who purchased the Card through the App must, before the expiry of the above-mentioned period, exercise the right of withdrawal in the manner indicated in the following Section. 8.

SECTION 5 – TERMS OF USE OF THE CHARGING INFRASTRUCTURE

The User is required to use the Charging Infrastructures and the equipment provided in compliance with these Conditions of Use and in accordance with the conditions defined by the manufacturer of their vehicle. Any damage caused by improper use will result in the User’s liability and the obligation to repair the damages suffered by FW.

The User is held responsible for any damage caused during the use of the Charging Infrastructure. The User is required to comply with any warning or advisory messages displayed on the Charging Infrastructure and/or through the App.

The User’s right to use the Charging Service is personal and non-transferable. The User is prohibited from reselling or making any other commercial use of the Charging Service without FW’s written consent.

FW cannot guarantee the correct, continuous, and uninterrupted availability of the Charging Service, as the service depends on various technical and operational factors, including, by way of example, the condition of the Charging Infrastructures, any maintenance work, and other unforeseen circumstances. FW commits, within its capabilities, to promptly inform the User in case of malfunctions, interruptions, or scheduled maintenance work on the Charging Infrastructures. Such communication will be made, where possible, through the App or other appropriate means, in order to minimize any inconvenience to the User. However, FW shall not be held responsible for any damages, inconveniences, or service interruptions resulting from faults, maintenance, or causes beyond its control.

SECTION 6 – CUSTOMER SUPPORT AND COMPLAINTS SERVICE

The User will find on the Charging Infrastructure the phone number to contact for any assistance needed during or after the provision of the Charging Service. Assistance is available 24 hours a day, 7 days a week.

Customers can, in any case, contact FW using the contact details provided on the App:

assistenza@fastway.energy

+39 0260060220

The Charging Service is considered properly performed if the User has not notified FW—through the contact details provided above—of a complaint containing the reasons for the alleged service disruption within 24 (twenty-four) hours from the moment the requested Service was fully provided to the User. FW reserves the discretionary right, at its sole judgment, to evaluate each User complaint on a case-by-case basis and, if it finds that the Service was not provided in accordance with these Service Conditions, it commits to refund the amount to the User’s balance and/or allow the User to book a new Service using the credit accrued due to the disruption. Any complaint will be handled within no more than 5 business days from its receipt.

SECTION 7 – PROVISION OF SERVICES BY THIRD PARTIES

The Conditions of Use do not govern the provision of services by parties other than FW, even if they are present on the App through links or other connection methods. FW cannot be held responsible for the provision of goods and/or services by third parties and/or the execution of contracts between the User and third parties.

SECTION 8 – RIGHT OF WITHDRAWAL FOR “CONSUMER” USERS

A User who qualifies as a “consumer” under Article 3 of the Consumer Code has the right to withdraw from the contract concluded with FW, pursuant to Articles 49 et seq. of the aforementioned Code, without stating any reason, within 14 (fourteen) days from the conclusion of the contract, provided that the User has not used the Service for which they are exercising the right of withdrawal.

To exercise the right of withdrawal, it is necessary to inform FW—through the channels indicated in the “Menu” section of the App—of the intention to withdraw from the concluded contract via any explicit statement to that effect. If the User has validly exercised the right of withdrawal, FW will send a confirmation of withdrawal and proceed with any refunds (within 14 days from receipt of the withdrawal notice); otherwise, FW will send a denial notification, and no refund will be granted to the User. The withdrawal period is considered respected if the User sends their withdrawal statement before the expiration of the 14-day period from the day the contract was concluded.

As provided by Article 54, paragraph 4, of the Consumer Code, the burden of proof regarding the timeliness of the withdrawal lies with the User acting as a consumer.

The User expressly acknowledges and agrees that, in the case of valid exercise of the right of withdrawal, any further liability of FW and/or any right of the User to claim additional refunds, compensation, and/or damages of any kind is expressly excluded.

THE USER IS AWARE OF AND EXPRESSLY ACCEPTS THAT, PURSUANT TO ARTICLE 59, PARAGRAPH 1, LETTER A) OF THE CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IF THE USER HAS FULLY USED THE SERVICE (i.e., the Charging Service), EVEN IF THE PERIOD TO EXERCISE THE WITHDRAWAL RIGHT (14 DAYS FROM THE CONTRACT CONCLUSION) HAS NOT YET EXPIRED AT THE TIME OF SERVICE USE. THIS LIMITATION DOES NOT APPLY IN THE EVENT THAT THE USER WISHES TO WITHDRAW FROM THE PURCHASE CONTRACT FOR THE “CARD” REFERRED TO IN THE PREVIOUS SECTION. 4.

The User is aware that the information contained in these Conditions of Use is provided solely to comply with any legal obligations and does not automatically imply any recognition by FW of the User’s status as a “consumer.”

SECTION 9 – CHANGES TO THE SERVICE AND PRICES

The prices of our Services and/or the Card are subject to change.

In any case, any changes to the prices shown on the App will not apply to Services already provided and/or purchases already completed, except in the case of serious errors or inaccuracies in their indication.

We reserve the right, at any time, to change the price of the Services/Card without notice.

SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any purchase of Services or requests to purchase the Card made by Users. We may, at our sole discretion, limit or cancel purchase requests for Services. In such cases, we will attempt to contact you through the App and/or the email address and/or phone number provided at the time of creating the personal account. If the Service is not provided or the request to purchase a Card is rejected, FW will not charge the User any cost.

The User agrees and guarantees to provide up-to-date, complete, and accurate information at the time of purchase and with respect to their account for all purchases made through our App. The User agrees to promptly update all other information, including their email address and credit card numbers and expiration dates, so that FW—and/or the third-party providers FW uses—can complete transactions and contact the User if necessary.

SECTION 11 – OPTIONAL TOOLS

We may provide you access to third-party tools over which we neither monitor nor have any control or input. We assume no responsibility arising from or related to your use of optional third-party tools.

Any use by the User of optional tools offered through the App is entirely at the User’s own risk and discretion, who must therefore ensure they understand and accept the terms under which the tools are provided by the relevant third-party providers.

In the future, we may also offer new services and/or features through the App (including the release of new tools and resources). Such new features and/or services will also be subject to these Conditions of Use.

SECTION 12 – THIRD-PARTY LINKS

The App may contain hyperlinks (the “links”) to other websites that have no connection with our App. FW does not control or monitor these websites and their content. FW cannot be held responsible for the content of these sites or the rules they adopt, including those regarding your privacy and the processing of your personal data during your browsing activities. Therefore, please exercise caution when accessing these websites through links possibly present on our App and carefully read their terms of use and privacy policies. Please note that these Conditions of Use and the Privacy Policy do not apply to websites managed by parties other than FW. The activation of these links does not imply any recommendation or endorsement by FW for accessing and browsing these websites, nor any guarantee regarding their content, services, or goods provided and sold to internet users.

SECTION 13 – PERSONAL INFORMATION

The submission of personal information through the App is governed by our Privacy Policy, available at the following link: https://www.fastway.energy/privacy-policy-app/

SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our App or regarding our Services that contains typographical errors, inaccuracies, or omissions related to descriptions of Services, Cards, prices, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel purchases at any time without notice if any information related to the chosen Service and/or selected Card is found to be inaccurate.

We assume no obligation to update, modify, or clarify information related to the Services/Cards, including, without limitation, pricing information, except as required by law. No update date applied to the Services/Cards should be considered as indicating that all information related to the Service has been changed or updated.

SECTION 15 – PROHIBITED USES

In addition to other prohibitions set forth in the Conditions of Use, it is forbidden to use the App or any of its content (a) for any illegal purpose; (b) to solicit others to commit or participate in any illegal act; (c) to violate any local, international, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights (as defined in Section 21) or the intellectual property rights of third parties. We reserve the right to suspend the provision of Services and/or access to the App for violation of any of the prohibited uses. It is understood between the Parties that FW shall be entitled to suspend the Service and/or access to the App at any time if the User, through the use of the App and/or Services, engages in conduct that, at FW’s sole discretion, may in any way be harmful to third parties, contrary to public decency and/or public morals.

SECTION 16 – INDEMNITIES, COMPENSATION, AND LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FW EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE APP AND ITS CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE, OR SERVICES CONTAINED THEREIN, OR THE RESULTS OBTAINED FROM THEIR USE OR PERFORMANCE, (B) WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

FW IS EXEMPT FROM ANY LIABILITY FOR THE USER’S CONDUCT. THE USER IS FULLY AND SOLELY RESPONSIBLE FOR THEIR OWN CONDUCT, INCLUDING THE DATA PROVIDED TO FW AND ENTERED INTO THE APP. IN SUCH CASES, FW WILL FULLY COOPERATE WITH THE COMPETENT AUTHORITIES TO IDENTIFY SUCH VIOLATIONS. THE USER WILL BE LIABLE TO FW FOR ANY DAMAGES SUFFERED BY FW CAUSED BY NON-COMPLIANT AND/OR ILLEGAL USE OF THE SERVICES AND/OR THE CARD AND/OR THE CHARGING INFRASTRUCTURES BY THE USER. THE USER AGREES TO INDEMNIFY AND HOLD HARMLESS FW AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY LEGAL ACTION, CLAIM, DEMAND, PENALTY, OR LOSS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY THIRD PARTIES DUE TO OR ARISING FROM THE USER’S USE OF THE APP, VIOLATION OF THE TERMS OR CONTENTS INCORPORATED THEREIN, OR VIOLATION OF ANY LAW, REGULATION, ORDER, OR OTHER LEGAL MANDATE, OR THE RIGHTS OF THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDING CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY FW, OR IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY AN ACT OR OMISSION OF FW, FW SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES OF ANY KIND THAT THE CUSTOMER OR THIRD PARTIES MAY SUFFER IN ANY WAY DUE TO THE CHARGING SERVICE, UNLESS SUCH DAMAGES ARE DIRECTLY ATTRIBUTABLE TO FW, NOR FOR CHANGES IN THE METHODS, TIMES, AND/OR CONDITIONS OF PROVIDING THE CHARGING SERVICE, AS WELL AS FOR THE SUSPENSION, INTERRUPTION, OR ANY UNAVAILABILITY OF THE SERVICE CAUSED BY VEHICLES, TECHNOLOGICAL DEVICES, TELECOMMUNICATIONS IT SYSTEMS, OR ANY OTHER CAUSE ATTRIBUTABLE TO THIRD PARTIES.

THE USER AGREES THAT IN NO EVENT SHALL FW BE LIABLE TO THEM OR TO THIRD PARTIES FOR ANY LOSS OF PROFITS, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INDIRECT DAMAGES ARISING FROM OR IN CONNECTION WITH THE APP OR THESE CONDITIONS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY (I) ERRORS OR INACCURACIES IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED BY THE USER AND/OR THIRD PARTIES DESIGNATED BY THE USER AS A RESULT OF THE USE OF OR RELIANCE ON THE CONTENT AVAILABLE ON THE APP; (II) TRANSMISSION OF ANY BUGS, VIRUSES, TROJANS, OR SIMILAR THAT MAY INFECT THE USER’S EQUIPMENT, OR DAMAGE TO MECHANICAL OR ELECTRONIC EQUIPMENT; (III) UNAUTHORIZED ACCESS TO OR USE OF THE APP OR FW’S SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; OR (IV) THEFT, OPERATOR ERRORS, STRIKES, OR ANY FORCE MAJEURE EVENT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FW IS NOT REQUIRED TO PROVIDE ANY WARRANTY IF THE CHARGING SERVICES OR THE CHARGING INFRASTRUCTURE ARE MODIFIED OR REPAIRED BY THIRD PARTIES OR MAINTAINED IN A MANNER NOT IN ACCORDANCE WITH FW’S INSTRUCTIONS.

SECTION 17 – SEVERABILITY CLAUSE

If any provision of these Conditions of Use is found to be illegal, void, or unenforceable, such provision shall nevertheless be applied to the maximum extent permitted by law, while the unenforceable part shall be considered separate from these Conditions of Use. This circumstance shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any ambiguity in the interpretation of these Terms shall not be construed against the party who drafted them.

SECTION 19 – GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements under which the Services are provided are governed by and interpreted in accordance with Italian law.

For any dispute arising in relation to the interpretation, execution, and/or validity of these Terms, the exclusive jurisdiction shall be that of Milan, provided it is compatible with the provisions of Article 66-bis of the Consumer Code.

The provisions of the Consumer Code do not apply to services aimed at parties other than “consumers.”

SECTION 20 – ALTERNATIVE DISPUTE RESOLUTION

If you are a Consumer and have submitted a complaint related to a contract concluded through this App, but it has not been possible to resolve the dispute subject to the complaint, you will be provided with information regarding the Alternative Dispute Resolution (ADR) body or bodies for out-of-court dispute resolution (so-called ADR bodies, as indicated in Articles 141-bis et seq. of the Consumer Code), specifying whether or not we make use of such bodies to resolve the dispute.

In any case, we inform you that for the resolution of disputes arising from the correct application of contracts governed by the provisions of Sections I to IV of Chapter I of the Consumer Code, it is possible to resort to mediation procedures, as provided by Legislative Decree No. 4 of March 2010. 28. The possibility to use voluntary and bilateral negotiation procedures as provided by Article 2, paragraph 2, of the same Legislative Decree No. 4 of March 2010, remains unaffected. 28.

Furthermore, we remind you that a European platform for online dispute resolution (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address: http://ec.europa.eu/consumers/odr/. Through the ODR platform, you can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure for the dispute you are involved in.

In any case, regardless of the outcome of the out-of-court dispute resolution procedure, your rights to refer the matter to the ordinary courts remain unaffected, and, if applicable, to pursue an alternative dispute resolution of consumer-related disputes through the procedures set forth in Part V, Title II-bis of the Consumer Code.

If the consumer User believes they have been harmed by an unfair commercial practice—as defined under Title III, Chapter II, Sections 1 and 2 of Legislative Decree n. 206/2005 – committed by FW through the App, the User will have the possibility to bring the matter before the ordinary courts to obtain appropriate and effective remedies, including compensation for damages suffered and, where applicable, price reduction or contract termination (pursuant to Article 27, paragraph 15-bis, Legislative Decree 206/2005).

SECTION 21 – INTELLECTUAL PROPERTY

FW owns and/or is licensed to all intellectual and industrial property rights present in the App as well as its contents. Use of this App and its contents does not grant the User any rights regarding copyrights, designs, trademarks, or any other intellectual and material property rights mentioned, displayed, or related to the Content (as defined below) on the App. All Content, including third-party trademarks, designs, and models and their related intellectual property rights mentioned or displayed on this App, are protected by national and international intellectual property laws as well as other laws. Any unauthorized reproduction, redistribution, or other use of the Content is prohibited and may result in civil and criminal penalties. The User may use the Content only with prior written and explicit authorization from us.

In addition to the intellectual property rights mentioned above, “Content” means any design, graphics, photographs—including all image and copyright rights—domain names, sounds, music, videos, audio, or text present on the App.

SEZIONE 22 – CONTACT INFORMATION

The Service Owner is the company “Fastway S.P.A. Società Benefit,” or abbreviated as Fastway S.P.A. S.B., with registered office in Milan (MI) – Viale Forlanini Enrico 23, Tax Code and registration number at the Business Register of Milan, Monza-Brianza, and Lodi 12511460961, R.E.A. No. MI – 2666522, PEC address: fastwayspa@legalmail.it

Questions regarding these Terms should be sent to the contact details available at the following link: https://www.fastway.energy/contatti/

Specific Clauses

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, as well as Articles 33 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005), please carefully review the following clauses and expressly accept their content.

  • SECTION 3 – PAYMENT METHODS AND BILLING FOR THE CHARGING SERVICE
  • SECTION 4 – PURCHASING THE CHARGING SERVICE VIA CARD (RFID)
  • SECTION 8 – RIGHT OF WITHDRAWAL
  • SECTION 9 – CHANGES TO THE SERVICE AND PRICES
  • SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
  • SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
  • SECTION 16 – INDEMNITIES, COMPENSATION, AND LIMITATIONS OF LIABILITY
  • SECTION 19 – GOVERNING LAW AND JURISDICTION
  • SECTION 20 – ALTERNATIVE DISPUTE RESOLUTION
  • SECTION 21 – INTELLECTUAL PROPERTY