This disclaimer is applicable to any and all (mobile) applications and websites (such as www.xpofleet.com) (hereinafter referred to as “online tools”) operated by:
GLORIANT BELGIUM BV, a company incorporated following Belgian laws, having its registered office at Coremansstraat 34, 2600 Berchem, Belgium, registered with the Belgian Crossroads Bank for Enterprises with number 0464.168.358, RLE Antwerp (district Antwerp), VAT n° BE0464168358; or by
XPOFLEET B.V., a company incorporated following Dutch laws, having its registered office at Meander 901, 6825 MH Arnhem, The Netherlands, registered with the Chamber of Commerce under number 64218295, VAT n° NL855570660B01; or by
XPOFLEET GERMANY GmbH, a company incorporated following German laws, having its registered office at Raiffeisenallee 5, 82041 Oberhaching, Germany, registered with number HRB 274136 (Amtsgericht München), VAT n° DE354545560,
(hereinafter also referred to as “we” or “us”)
You are kindly requested to read the content of this document carefully before you use our online tools in any way whatsoever.
By using these online tools you expressly agree with the content of this disclaimer. If you do not agree with its content, we ask you to refrain from using these online tools.
If you have concluded a separate agreement with us, this agreement will prevail for what concerns the online tools to which such separate agreement is applicable.
1. User rights
It is not allowed to use the online tools in an inappropriate or unlawful wat such as but not limited to, direct or indirect:
- using them for other purposes;
- to sell, rent, let third party use, lease, translate, make derived products;
- to decompile, reverse engineer or modify;
- to hinder the use;
- to (let) remove or circumvent the technical measures securing the online tools.
If you would have received login details, such details are strictly personal and confidential. You agree to properly secure those details in order to avoid unauthorised access by third parties. If you would have received login details by mistake, you will notify this as soon as possible to the person who has transferred you the details.
If you submit information through our online tools, you ensure to transfer accurate information and we are entitled to use the information for the indicated purposes.
Our obligations are obligations of means. We make considerable efforts to ensure that the offered information is complete, correct, accurate and up to date. Despite these efforts inaccuracies may occur as we also depend on data supplied by third parties. We are, barring our major fault or intent, not liable for the correctness of the supplied data. In case of incorrect or incomplete information shown on a(n) (mobile) application or if you want to obtain the most accurate data for your personal situation then you must address your employer and/or client who concluded the user agreement with us providing you the access to the use of the (mobile) application directly.
We make all reasonable efforts to secure our online tools and to limit potential inconveniences caused by technical errors as much as possible. However, incorrect technical manoeuvres or unauthorised interventions may still take place.
We also reserve the right to make changes to the online tools such as in case of updates and upgrades.
That is why we can neither guarantee you uninterrupted access.
Exceptin case of intent or gross misconduct we may not be held liable for technical difficulties, whatever the cause may be, including but not limited to bugs, viruses, insufficient capacity, own software and hardware, browser, , facts or acts of third parties we are not directly controlling, damages, regardless of their cause, due to the automated processing of data. Nor may we be held liable for force majeure situations.
We are neither liable for indirect damages or consequential damages (including but not limited to lost time, emotional damages, loss of an opportunity, lost data, lost profit, etc.).
Our liability shall in any case be limited to the amount for which our insurer would offer cover.
2. External hyperlinks
The online tools may contain hyperlinks to websites or pages of third parties, or indirectly refer to them. We expressly clarify that we do not have control over the content or technical features of these websites. A such the inclusion of links to these websites or pages does not imply an implicit approval of the completeness or correctness of their content, nor their availability and we may not be held liable for any damage, direct or indirect, resulting from the use thereof.
3. Intellectual property
The intellectual property rights related to the online tools are owned by GLORIANT BELGIUM BV, XPOFLEET B.V., XPOFLEET GERMANY GmbH or its affiliated companies or external licensors. You merely acquire a non-exclusive, non-sublicensable, personal and non-transferable user right.
The texts, images, logos, marks, video files and audio files shown on our online tools may only be reproduced or be communicated to the public after our express prior written consent (excluding the exceptions provided by law).
4. Term of the user licence related to our mobile application
The licence for the use of our mobile applications depends on a user agreement concluded between the licensee and us. The said licensee decides autonomously whether or not to grant its end users access to this mobile application.
We reserve the right to terminate you user rights to our mobile applications with immediate effect as soon as the user agreement(s) with the licensee has been terminated, for any reason whatsoever.
You will never be entitled to claim compensation because of the termination of the right to use the mobile application.
We may also terminate your user rights to our online tools if you infringe this disclaimer, notwithstanding any other right we may have, such as claiming damages.
The relevant clauses of this disclaimer will survive termination such as the clauses related to intellectual property, user rights, applicable laws and jurisdiction.
5. Changes
We reserve the right to change this disclaimer at all times. If the disclaimer is changed then the said change shall be published and if needed announced via the mobile applications after which the changes shall take effect 30 days after this announcement. Overall we recommend to read this disclaimer periodically. This disclaimer was lastly changed on April 17, 2023.
6. Personal data protection
We respect your privacy and the confidential character of the data you submit through our application or website. For more information you can consult our privacy policy through our website homepage footer www.xpofleet.com.
7. Invalidity and waiver
In the event that any one or more of the provisions contained in this disclaimer shall be held to be void, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In the event that any one or more of the provisions shall be held to be void, we will negotiate in order to replace the void provision(s) by (an) equivalent provision(s) with the same general spirit.
A waiver of any breach hereunder shall not prejudice our rights to take subsequent action including judicial remedies.
8. Translations
In case of discrepancies between translations of this disclaimer, the Dutch version will prevail.
9. Applicable laws and jurisdiction
Unless explicitly agreed otherwise, any and all legal relationships with GLORIANT BELGIUM BV are governed by Belgian laws and in case of disputes the courts of the registered office of GLORIANT BELGIUM BV shall have exclusive jurisdiction. Unless explicitly agreed otherwise, any and all legal relationships with XPOFLEET BV are governed by Dutch laws and in case of disputes the courts of the registered office of XPOFLEET B.V. shall have exclusive jurisdiction. Unless explicitly agreed otherwise, any and all legal relationships with XPOFLEET GERMANY GmbH are governed by German laws and in case of disputes the courts of the registered office of XPOFLEET GERMANY GmbH shall have exclusive jurisdiction.
10. Point of contact
For what mobile applications is concerned, we ask you to first of all contact your employer or client in case of questions or remarks. For all other matters you may also contact us through support@xpofleet.com.
