General Terms & Conditions

Version 2.0 of 06/20/2020

Kindly please read the terms and conditions below before using https://xpath.global/.

xpath.global is a full global mobility services B2B Marketplace –offering a place for clients interested in mobility services to meet the specialized providers of mobility services.

The current Terms and Conditions are general obligations and information for all visitors or users of xpath.global. In the case when you register as a Client, you will also be bound by the specific Terms & Conditions Clients and when you register as a Service Provider, you also need to accept the Terms & Conditions Service Providers.

 

Definitions

xpath.global – Nestlers Group Global SRL, limited company registered in Romania, with registration number J40/9812/2007, VAT registration code RO21775247 and our registered office is in Bucharest, Romania, 6 Maior Gheorghe Sontu Street, 1st floor, district 1.

Service Provider – a legal person or any legal entity that presents its Services on the xpath.global Platform in order to sell them to the Clients. For some specific services, the company managing the xpath.global Platform may also be a Service Provider on its own and, in this case, it will be listed as Nestlers Group, in order to avoid any misunderstandings.

Client – a legal person that is an xpath.global Platform user registered for a Client account, which usually is placing an Order for the Services presented and traded by the Service Provider through the xpath.global Platform.

Order – request for Services sent / placed by the Client through the means of collecting the requests of the Clients made available by xpath.global.

xpath.global Platform– the website of xpath.global, including the mobile extensions and applications with all its electronic services, including placing the Orders by Clients for Services presented by the Services Providers

Services – Services offered and traded by the Service Provider through the xpath.global Platform.

 

About Us

The https://xpath.global/ website is fully owned and operated by Nestlers Group Global SRL (“Nestlers”, “we”, “us”, or “our”).  Nestlers Group SRL is a company registered in Romania, with company registration number J40/9812/2007, whose registered and business address is located at: Bucharest, Romania, 6 Maior Gheorghe Sontu, 2nd floor, district 1.

xpath.global is an independent marketplace that acts a online intermediary provider, as defined by article 14 the EU E-commerce Directive (as implemented in the Romanian legislation by law 365/2002) for any content added by the Service Providers and Clients, such as texts, images and any other details of the Services and comments, reviews and any other information posted by the Clients. xpath.global does not monitor or check any information posted on its website and the full responsibility lies with the Provider or Clients, as the case may be.

 

Site Content

xpath.global may change the format, features and content of the site occasionally. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

xpath.global is responsible only for the content added directly, but most of the website content is provided by the Service Providers and Clients. The Service Provider is responsible for the description or their services, including images and any other content related to them. As xpath.global is a hosting provider, it is not responsible for the content added by the Service Providers and it does not monitor this content.

In case any user identifies any content that is breaching any rights of third parties, it has the obligation to flag it to Service Provider and/or to the xpath.global platform according the platform’s capabilities or contact data available.

We cannot and do not guarantee that any content of the Site will be free from viruses that may have destructive features. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Although we will make efforts to keep the information on our site updated, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is fully accurate or complete.

You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

 

User content

The Site may allow its registered users (Clients or Service Providers) to upload user-generated content and may also allow them  to communicate that content, either to selected recipients or in public areas, such as comments pages and/or message boards. We do not control the materials submitted to these user content areas, nor are these areas moderated. Those users are solely responsible for the content of they have submitted them.

Complaints about the content of any submission must be sent to office@xpath.global and must contain details of the specific submission that gave rise to complaints or arguments.

 

 Intellectual Property Rights

• https://xpath.global, the xpath.global’s domain name and through which it is accessed, are trading names and trademarks of Nestlers Group Global SRL.
• We are the owners or the licensee of all intellectual property rights (including, without limitation, copyright, database rights, trademarks, trade, business and domain names) in our Platform, including software and the content published on it. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
• You may print off one copy and may download extracts of any page(s) from our site for the purposes of finding, assessing and selecting suppliers of products and services in which you are interested, and you may draw the attention of others to content posted on our site.
• You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• Our status (and that of any identified users) as the authors of content on our site must always be acknowledged.
• You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us, or our licensors.
• If you print off, copy or download any part of our site in breach of these general Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• Infringement of our or our licensors’ intellectual property rights in our site or any of the content or materials on our site may lead to legal proceedings.

 

Interactive features and content

We provide features, such as reviews, that enable users of our site to comment or contact with each other or upload/download content. The following terms apply in such instances:

• The views expressed by other users on our site do not represent our views.
• We have the right to remove any contribution if, in our opinion, it does not comply with these General Terms and Conditions, or the spirit of them.
• We will not be responsible, or liable to any third party, for the content or accuracy of any contribution by you or any other user of our site.
• We are under no obligation to oversee, monitor or moderate any interactive feature or service that we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any feature or service by a user of our site in contravention of the content standards set out below, whether the feature or service is moderated or not.

 

Limitation of liability

To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the site;
• use of or reliance on any content displayed on the site;
• any products or services provided on our site, including:
  • in the event that the products or services do not meet your requirements or are not suitable for you; or
  • any acts, omissions, errors or defaults of any third party in connection with the products or services.

For our registered users (Clients/ Service Providers) please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of business opportunity or reputation;
• any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any content on it, or on any website linked to it.

Even though we take all necessary measures to keep our website secure, we do not guarantee that the Website will be fully secure or free from any kind of malicious software. You are responsible for configuring your information technology, computer programs and platform in order to access the website. You should use your own security protection software.

 

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out below;
• to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
• to knowingly introduce or transmit anything that is malicious or technologically harmful.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these General Terms and Conditions;
• not to access without authority, interfere with, damage or disrupt:
  • any equipment, network or software owned or used by any third party;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site;
  • any part of our site, or any computers, servers or databases connected to or with our site.

 

Force Majeure

In cases of force majeure, the xpath.global and/or operators, directors, employees, branches, subsidiaries and its representatives shall be entirely exempt from liability. Force majeure cases include, but are not limited to, errors in operation of technical equipment of the company, no functioning of the internet connection, denial of service attacks, no functioning of telephone connections, computer viruses, hacking attacks of any type and interference with any malicious software, unauthorized access in the  our systems, operational errors, strike etc.

 

General Terms and Conditions

• These General Terms and Conditions (together with any documents referred to below) set out the terms and conditions on which you may make use of our website located at https://xpath.global .As an example, use of our site includes accessing, browsing, registering to use, and/or subscribing to any information or services offered on our site.
• By using our site, you confirm that you accept these General Terms and Conditions and that you agree to comply with them.
• We may modify these General Terms and Conditions at any time by amending this page, and all such modifications are effective from the time that they are made.
• The General Terms and Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the Romanian law.

 

Contact

You can contact us via email at the following email address: office@xpath.global.

 

Governing Law Disputes

All legal effects the Terms and Conditions produce shall be construed and governed in accordance with Romanian law in force. The applicable law in relations arising between the xpath.global and any party is the Romanian law. Any dispute arising out of or relating to these Terms and Conditions shall be settled amicably. In case of impossibility to reach an agreement, the dispute shall be settled by the competent Romanian court located within the area of Bucharest.