This document contains the general terms and conditions of use (hereinafter, “Terms and Conditions”) by you, as a User/Client, of the website owned and operated by us, GioServ. Please read this document carefully to ensure that you act with full awareness when using this Site and to avoid any risks that may be perceived by you as having a negative impact from the perspective of the information provided to GioServ during your interaction with the Site.
By using the Site in any manner, you, as a User/Client, whether or not followed by an Order, confirm that you have read, understood, and agree to comply with 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 Site, in whole or in part, at any time, without any prior notice.
Definitions
When used with capital letters in this document, the following terms will have the following meanings:
Commercial Communications – any form of communication intended to promote, directly or indirectly, the services, image, name, or designation of GioServ.
Content – all the information on the Site that can be viewed or accessed using an electronic device with internet access and 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 Site or services offered by GioServ with other Users/Clients.
Site – the website www.GioServ.ro, including all its pages and sub-pages, whether public or private.
User – the natural person and/or legal entity who visits or uses the Site in any manner.
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 Office under no. J29/1804/2013, having the unique registration code RO32487878, legally represented by Giorge Ștefan, phone: +40 729 727 203, e-mail: giorge.stefan@gioserv.ro. GioServ operates as the operator of the platform/Site, which it owns.
The use of the Site.
You can use this Site only if you are an individual over 18 years old with full legal capacity. Legal entities can use this Site only through properly authorized individuals who meet all the above conditions.
The information published on the Site 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 Site that will be offered to Users/Clients for a fee.
GioServ makes continuous efforts to ensure that the information on the Site is accurate, reflects reality, and is up-to-date. This information is published for informational purposes.
GioServ reserves the right to modify the structure and interface of any page or subpage of the Site at any time and at any interval, at its discretion, and has the right to temporarily or permanently interrupt, partially or entirely, any functionality of this Site, without any prior individual or general notification.
We reserve the right to suspend or restrict the use of the Site, 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 large volume of traffic coming from an internet network, GioServ reserves the right to request Users/Clients to manually enter captcha validation codes in order to protect the information within the Site.
Processing of personal data
GioServ, as the operator of the Site, processes your personal data that you provide through your interaction with the Site. For details regarding the rules related to these processing activities, please refer to the Privacy Policy. Furthermore, the Site 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 refer to the Cookie Policy.
Commercial communications.
By providing contact details on the Site (including those representing personal data), the User/Client confirms that they are providing this information directly to GioServ and understands and agrees that GioServ may use this information to contact the User/Client through any available means, including electronic communication, by providing them with Commercial communications, for the purpose of improving commercial relationships and facilitating GioServ’s business 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 provided in these Terms and Conditions. (b), without any obligation on the part of the User/Client towards GioServ regarding this waiver and without the payment of any compensation.
Opting out of receiving Commercial Communications does not imply the revocation of the consent given by the User/Client regarding these Terms and Conditions and produces effects only for the future, after the communication of the intention to opt out.
GioServ does not undertake in any way to carry out such Commercial Communications and reserves the right to select the Users/Customers addressed to the Commercial Communications and to remove from its database any User/Customer, without any notification thereof.
For details and additional information related to 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 in no way limited with respect to those matters for which the limitation or exclusion of liability would be contrary to law. In the event of a breach by us, GioServ, of these Terms and Conditions, we shall be liable only for the direct and reasonably foreseeable losses of such breach.
GioServ shall not be liable for any direct or indirect loss or damage, including loss of profit, which (i) are not caused by any material breach by us, including those caused by your breach or failure to comply with these Terms and Conditions and/or any applicable contract between us, or (ii) which were not foreseeable either to the Client/User or to GioServ at the conclusion of any applicable contract between us.
GioServ makes every effort to ensure that the Site is available uninterrupted and error-free. However, we cannot guarantee these aspects and, as a result, we do not assume any liability for any interruption of the use of the Site, and we will have no obligation under these Terms and Conditions and/or any contract, in the event of any situation that makes the use of the Site impossible or excessively difficult to perform.
GioServ assumes no liability for adverse impact on other systems through use of the Site that is not caused by any serious breach on our part.
GioServ assumes no responsibility for any potentially harmful programs that may be installed by third parties on this Site, the server on which it is hosted, or e-mails sent by us. The Customer/User responsible for the use of this Site, including any subscription made through it, being solely responsible for any direct or indirect damages suffered by you or third parties through or as a result of the use of this Site or its content.
GioServ is not responsible for any inconsistency, error (including typographical error) or omission of any kind or for the effects of the use of the Site or its content. The content of the Site is published without any guarantee on our part as to its completeness or correctness (regardless of the date of publication or over time).
Access to the Site is achieved through secure pages, using the SSL encryption system and marked with the text “htpps://” and the symbol of a lock, positioned to the left of the Site’s address field. If you notice the absence of these symbols, we recommend that you leave the Site immediately and notify us immediately of this situation. We shall not be liable in any way for your failure to comply with these recommendations.
GioServ is not responsible for any kind of damage caused directly or indirectly by the User/Client’s non-compliance with these Terms and Conditions and/or any contract concluded based on them.
In the case of Users/Customers – legal entities, the legal provisions governing GioServ’s liability towards consumers will not be applicable, and all limitations of liability provided above will be applicable to the fullest extent permitted by law.
Intellectual property rights
is operator of the Website www.GioServ.ro.
The content, as defined in the preamble of this Site, is the property of GioServ, which reserves the right to modify the information and structure of the Site at any time and without any prior notice.
The content of the Site, including but not limited to any logos, design, stylized representations, commercial symbols, static images, dynamic images, web graphics, scripts, software, design rights, trademarks, text and/or multimedia content presented on the Site, 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 normative acts on intellectual and industrial property.
You, as a User/Customer, do not have the right to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link, expose, include any content of the Site in any other context than the original intended by GioServ, to include any content outside the Site, to remove the signs indicating the copyright of GioServ on the content of the Site, or to participate in any way in the transfer, sale, distribution of materials made by reproduction , modifying or displaying the content of the Site, other than with the prior written consent of GioServ.
Instead, you have the right to copy, transfer and/or use the content of the Site only for personal, non-commercial purposes, and only in the situation where these purposes do not conflict with the provisions of these Terms and Conditions and provided that they do not in any way harm the interests of GioServ.
GioServ cannot be held responsible in any way for any damages caused by or as a result of the unauthorized use of the Site’s content, in violation of the applicable legal provisions in the field of intellectual property rights protection and the rules mentioned above.
Any links available on the Site to sites owned/managed by third parties may be provided by GioServ solely to provide Users/Customers with increased accessibility to information. GioServ will not be held responsible in any way for any damages caused through or as a result of the use of those sites, services promoted or marketed by third parties through such sites.
Applicable law. Conflict resolution
GioServ’s goal is for transportation and logistics services to meet your expectations and be excellent. However, there may be times when you feel that I have made a mistake or let you down. In these cases, we are committed to working with you to reach a reasonable solution to your satisfaction, and we can only do so if we know and understand your dissatisfaction.
Therefore, for any problem or dispute you may have with us, you acknowledge and agree that the first step will be to send us an email at: 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 are unable to reach an agreement in this regard within 30 days of receiving written notice from you, the matter will be submitted to a court of competent jurisdiction at our registered office.
To the extent permitted by applicable law, the informal resolution process described in this paragraph is a prerequisite to proceeding with any other process, so remember to contact us first.
Force majeure
Neither GioServ nor you will be responsible for any breach of these Terms and Conditions or any contract concluded based on them, caused by a force majeure situation or a fortuitous event, as defined in the Romanian Civil Code.
Neither party shall be held responsible for the total or partial failure or delayed performance of the obligations assumed under these Terms and Conditions, if such failure or delayed performance was caused by force majeure. Force majeure is defined as an unforeseeable and absolutely insurmountable event that cannot be controlled by the parties, which occurred after the conclusion of the contract and which prevented, in whole or in part, the fulfillment of the assumed obligations, such as, but not limited to, wars, rebellions, civil uprisings, embargoes, strikes, earthquakes, fires, pandemics, explosions, storms, floods and other natural calamities of this type.
For the elimination of any doubt, the parties expressly agree that force majeure shall exonerate them from liability only for non-fulfillment of those obligations assumed by these Terms and Conditions, which are clearly affected by the effects of force majeure, for the entire duration in which it acts. For the other contractual obligations, their fulfillment can be suspended during the period of action of force majeure, without affecting in any way the rights that were due to the parties until its occurrence.
In order for force majeure to relieve the parties of liability, the party invoking it must send the other party a written notification, by post or email, within 5 days of the occurrence of the event, in accordance with the applicable legal provisions in this matter.
If within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the termination of the effects of the Terms and Conditions without any of them being able to claim other damages to the other party.
Partial nullity
If any provision of these Terms and Conditions is void, voidable or unenforceable, this will not affect the validity of the other provisions. The provision considered cancelled, voidable or unenforceable will be replaced by a new provision that will reflect as much as possible the economic content of the first one.
Assignment
GioServ will be able to assign or transfer in any other way to third parties, in whole or in part, its rights and/or obligations arising under these Terms and Conditions or any contract concluded under them, without any consent from the Users/Clients. No User/Client may assign or transfer in any other way to third parties, in whole or in part, his rights and/or obligations under these Terms and Conditions or any contract concluded under 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 notice being required, and such modifications will become applicable from the date of publication on the Site. To the extent required by law, you will receive advance notice of any such changes.
We encourage you to check the content of the Site and read these Terms and Conditions regularly to ensure that you are aware of 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 e-mail sent to the e-mail address: office@gioserv.ro.
