This document contains the general terms and conditions of use (hereinafter, “Terms and Conditions”) for you, as a User/Client, to use the website owned and operated by us, GioServ. Please read this document carefully to ensure that you act with full knowledge when using this website and to avoid any risks that you may consider having a negative impact from the perspective of the information provided to GioServ during your interaction with the website.
By using the website in any way, as a User/Client, whether or not followed by placing an Order, you confirm that you have read, understood, agreed, and are bound by these Terms and Conditions, with all the effects and consequences of this agreement.
GioServ reserves the right to modify and update these Terms and Conditions, as well as the content of this website, in whole or in part, at any time, without any prior notice.
Definitions
When capitalized in this document, the terms below shall have the following meanings:
Commercial communications – any form of communication intended to promote, directly or indirectly, the services, image, name, or brand of GioServ.
Content – all information on the website that can be viewed or accessed through an electronic device with internet access, and which may include various details about GioServ, types of services offered, general information about the company, etc.
Comment – a written evaluation by a User/Client with the purpose of sharing opinions related to the website or services provided by GioServ with other Users/Clients.
Site – the website www.GioServ.ro together with all its pages and sub-pages, whether public or private.
User – the natural and/or legal person who visits or uses the website in any way.
GioServ – is the trade name of Gioserv Expert Expedition SRL, a limited liability company organized and operating in accordance with Romanian law, registered with the Trade Registry under number [specific registration number]. GioServ Expert Expedition SRL, registered with the Trade Registry under No. J29/1804/2013, having the unique registration code RO32487878, represented legally by Giorge Ștefan, contact phone: +40 729 727 203, email: giorge.stefan@gioserv.ro. GioServ operates as the operator of the platform/website, which it owns.
The use of the website.
You can use this website only if you are a natural person over 18 years old with full legal capacity. Legal entities can use this website only through properly authorized natural persons who comply with all the conditions mentioned above.
The information published on the website is general information about GioServ, other information related to the transportation industry, and logistics services that may be of interest to you. The information is provided free of charge.
GioServ reserves the right to implement certain services through the website that will be offered to Users/Clients for a fee.
GioServ makes continuous efforts to ensure that the information on the website is accurate, corresponds to reality, and is up-to-date. These pieces of information are published for informational purposes.
GioServ reserves the right to modify the structure and interface of any page or sub-page of the website at any time and at any interval, at its discretion, with the right to temporarily or permanently suspend, in whole or in part, any functionality of this website, without any prior individual or general notice.
We reserve the right to suspend or restrict the use of the website, regardless of the reasons, and we will not be liable in any situation for any such suspension or restriction of use.
In the case of an unusually high volume of traffic from an internet network, GioServ reserves the right to request Users/Clients to manually enter captcha validation codes to protect the information within the website.
The processing of personal data
As the operator of the website, GioServ processes your personal data that you provide through your interaction with the website. For details regarding the rules related to these processing activities, please consult the Privacy Policy. Additionally, the website uses cookie files, which may involve certain processing of your personal data. For details regarding the rules related to the use of these cookie files, please consult the Cookie Policy.
Commercial communications
By providing contact details on the website (including those that represent personal data), the User/Client confirms that they are directly providing this information to GioServ and understands and accepts that GioServ may use this information to contact the User/Client through any available means, including electronic communication, by providing them with commercial communications. This is done with the purpose of improving business relationships and ensuring the smooth operation of GioServ’s activities.
The User/Client can unsubscribe from receiving commercial communications at any time by accessing the electronic link provided in any commercial communication, where this option is technically possible. (a), by directly contacting GioServ using the contact details specified in these Terms and Conditions. (b), with no obligation of the User/Client towards GioServ regarding this renunciation and without any payment of compensation.
The renunciation of receiving commercial communications does not imply the revocation of the consent given by the User/Client regarding these Terms and Conditions and only applies to future communications, after the intention to renounce has been communicated.
GioServ is under no obligation to carry out such commercial communications and reserves the right to select the Users/Clients who will receive commercial communications and to remove any User/Client from its database without any prior notification.
For further details and additional information regarding the processing of personal data according to the above, please consult the Privacy Policy.
Limitation of liability.
GioServ’s liability under these Terms and Conditions is not in any way limited with regard to those aspects for which the limitation or exclusion of liability would be contrary to the law. In the event of a breach by us, GioServ, of these Terms and Conditions, we shall only be liable for direct and reasonably foreseeable losses resulting from such a breach.
GioServ will not be liable for any direct or indirect losses or damages, including loss of profit, that: (i) are not caused by any serious breach on our part, including those resulting from your violation or non-compliance with these Terms and Conditions and/or any applicable contract between us, or (ii) were not foreseeable by the Client/User or GioServ at the time of entering into any applicable contract between us.
GioServ makes every effort to ensure that the website is available without interruptions and free from errors. However, we cannot guarantee these aspects, and therefore, we do not assume any responsibility for any interruption of the website’s usage, and we will have no obligation under these Terms and Conditions or any contract in the event of any situation that renders the use of the website impossible or excessively difficult to perform.
GioServ shall not be liable for any negative impact on other systems resulting from the use of the website, which is not caused by any serious breach on our part.
GioServ shall not be liable for any potentially harmful programs that may be installed by third parties on this website, the server it is hosted on, or the emails sent by us. The Client/User is responsible for the use of this website, including any subscriptions made through it, and shall be solely liable for any direct or indirect damages suffered by themselves or third parties as a result of using this website or its content.
GioServ is not responsible for any inconsistency, error (including typographical errors), or omission of any kind, or for the effects of using the website or its content. The content of the website is published without any warranty from us regarding its completeness or accuracy (regardless of the date of publication or over time).
Access to the website is done through secure pages using the SSL encryption system, marked with the text “https://” and a lock symbol positioned on the left side of the website’s address field. If you notice the absence of these symbols, we recommend that you immediately leave the website and inform us promptly about this situation. We will not be responsible in any way for your failure to comply with these recommendations.
GioServ is not responsible for any direct or indirect damage caused by the User/Client’s failure to comply with these Terms and Conditions and/or any contract based on them.
For Users/Clients – legal entities, the legal provisions governing GioServ’s liability towards consumers will not apply, and all limitations of liability provided above will be applicable to the fullest extent permitted by law.
Intellectual property rights.
GioServ S.R.L. is the operator of the website www.GioServ.ro.
The content, as defined in the preamble of this website, is the property of GioServ, which reserves the right to modify the information and structure of the website at any time and without any prior notice.
The content of the website, including but not limited to any logos, designs, stylized representations, trade symbols, static images, dynamic images, web graphics, scripts, software, design rights, registered trademarks, text, and/or multimedia content presented on the website, is the exclusive property of GioServ, and its rights are protected according to Law no. 8/1996 on copyright and related rights, as well as any other national or international regulations regarding intellectual and industrial property.
As a User/Client, you do not have the right to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link, display, include any content of the website in any context other than the original one intended by GioServ, include any content outside the website, remove any marks indicating GioServ’s copyright on the content of the website, or participate in any way in the transfer, sale, or distribution of materials created by reproducing, modifying, or displaying the content of the website without the prior written consent of GioServ.
Instead, you have the right to copy, transfer, and/or use the content of the website only for personal, non-commercial purposes, and only if these purposes do not conflict with the provisions of these Terms and Conditions and do not prejudice GioServ’s interests in any way.
GioServ cannot be held responsible in any way for any damages caused by or as a result of unauthorized use of the website’s content, in violation of applicable laws in the field of intellectual property rights protection and the rules mentioned above.
Any links available on the website to third-party owned/administered sites may be provided by GioServ solely to offer Users/Clients increased accessibility to information. GioServ cannot be held responsible in any way for any damages caused by or as a result of using those websites, the services promoted, or commercialized by third parties through such websites.
Applicable law. Conflict resolution.
The purpose of GioServ is to ensure that transportation and logistics services meet your expectations and are excellent. However, there may be cases where you feel that we have made a mistake or have disappointed you. In these cases, we commit to collaborate with you to reach a reasonable solution that satisfies you, and we can only do this if we know and understand your dissatisfaction.
Therefore, for any issue or dispute you may have with us, you acknowledge and agree that the first step will be to send us an email at the address: legal@GioServ.ro to describe your problem or dissatisfaction.
These Terms and Conditions, as well as all obligations arising from them, are governed by Romanian law and will be interpreted in accordance with Romanian law.
Therefore, if we fail to reach an agreement on this matter within 30 days from the receipt of a written notification from you, the issue will be brought before the competent court at our registered office for resolution.
To the extent permitted by applicable law, the informal resolution process described in this paragraph is a prerequisite for proceeding with any other legal action, so please remember to contact us first.
Force majeure.
Neither GioServ nor you will be liable for any breach of these Terms and Conditions or any contract based on them caused by a force majeure event or an unforeseen circumstance, as defined in the Romanian Civil Code.
Neither party shall be deemed responsible for the total or partial non-fulfillment or delayed fulfillment of the obligations assumed based on these Terms and Conditions, in the event that such non-fulfillment or delayed fulfillment was caused by force majeure events. Force majeure is defined as an unforeseeable and insurmountable event that is beyond the control of the parties, occurs after the contract’s conclusion, and prevents, totally or partially, the fulfillment of the obligations assumed, such as, but not limited to, wars, rebellions, civil unrest, embargoes, strikes, earthquakes, fires, pandemics, explosions, storms, floods, and other natural calamities of this kind.
To eliminate any doubt, the parties expressly agree that force majeure shall only exempt them from liability for the non-fulfillment of those obligations assumed through these Terms and Conditions that are clearly affected by the effects of force majeure, for the entire duration of its action. For the other contractual obligations, their fulfillment may be suspended during the period of force majeure, without, however, affecting in any way the rights that accrued to the parties until its occurrence.
For force majeure to discharge the parties from liability, the party invoking it must send written notice to the other party, by mail or email, within 5 days from the occurrence of the event, in accordance with the applicable legal provisions in this matter.
If within 15 (fifteen) days from the occurrence of the force majeure event, it does not cease, each party shall have the right to notify the other party of the full termination of the effects of the Terms and Conditions without either of them being able to claim any damages.
Partial Nullity.
If any provision of these Terms and Conditions is annulled, void, or unenforceable, it shall not affect the validity of the other provisions. The provision deemed annulled, void, or impossible to enforce shall be replaced with a new provision that will reflect to the greatest extent possible the economic content of the former one.
Assignment
GioServ may assign or transfer in any other manner, wholly or partially, its rights and/or obligations arising from these Terms and Conditions or any contract concluded based on them, without any agreement from the Users/Clients. No User/Client may assign or transfer in any other manner, wholly or partially, its rights and/or obligations arising from these Terms and Conditions or any contract concluded based on them, without the prior written consent of GioServ.
Modification of these Terms and Conditions
GioServ reserves the right to modify these Terms and Conditions, as well as the content of the Site, at any time, without your consent or any prior notification, and such modifications will become effective from the date of publication on the Site. To the extent required by law, you will receive advance notice of any such modifications.
We advise you to check the content of the Site and to regularly read these Terms and Conditions to ensure that you are up to date with the most recent version of these Terms and Conditions.
For any details or clarifications regarding the content or applicability of these Terms and Conditions, you can contact us through the dedicated contact form available on the Site or by sending an email to the following email address: office@GioServ.ro.
