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

 

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:

 

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:

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

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:

You also agree:

 

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

 

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.