1. General Provisions
1.1. This document (hereinafter referred to as the Agreement) specifies the manner of providing the right to use the database by Maxim Service, which contains up-to-date information on existing demand for transportation of passengers and luggage by light motor vehicle, transportation (delivery) of freights (goods), cargo handling operations (hereinafter referred to as the Database).
Maxim may immediately terminate these conditions or any of the services it offers or, in general, stop offering or denying access to the services or any part of them, at any time and for any reason.
1.2. Unless the Parties have agreed otherwise through the separate Contract, this Agreement is the adhesion contract and is posted on the website: https://taximaxim.сom (hereinafter referred to as Maxim Service website). A person, who passed through the registration procedure, described herein, shall be deemed to have accepted the Agreement, which is akin to awarding a civil law contract on the terms and conditions set forth herein.
1.3. PLEASE READ THE TEXT OF THIS AGREEMENT AND APPENDICES THERETO BEFORE REGISTRATION. SHOULD YOU DISAGREE WITH ANY CONDITIONS THEREOF AND/OR THE APPENDICES THERETO, YOU SHALL REFUSE FROM USING THE DATABASE.
1.4. This is a sublicense agreement, and provisions of Russian Federation shall apply thereto.
1.5. The Rules How to Use Maxim Service Database posted in e-format on Maxim Service website is the integral part hereof.
2. Subject of the Agreement
2.1. In accordance with the provisions of this Agreement Maxim Service gives the Sublicensee the rights to use the Database containing up-to-date information on existing demand for transportation of passengers and luggage by light motor taxi vehicle, transportation (delivery) of freights (goods), cargo handling operations on conditions of simple (nonexclusive) license in the manner set forth herein, and the Sublicensee shall pay a fee to Maxim Service in the manner and size set forth herein and/or its appendix (appendices).
2.2. For the purpose of this Agreement the Database shall mean an organized structure constituting the set of materials, hardware, software, firmware, as well as the methods and the algorithms (program code) ensuring interaction between the Database elements, and designated to systemize, store, process, transform the materials in concordance with the Database algorithms. The Database materials may be accessed through “TAXSEE Driver” mobile app.
2.3. Acquisition, storage, systemization of information, creation of the Database, as well as legal relations between the Sublicensee and Maxim Service in respect of granting access to the Database are subject to the provisions of Russian Federation and other laws and regulations which are binding according to Legal system of Russian Federation.
2.4. Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current law of Chile. .
2.5. The Sublicensee may use information, access to which he is granted to, at his discretion.
2.6. The database includes following materials:
2.6.1. Up-to-date information on existing demand to transport passengers and luggage by light motor taxi vehicle;
2.6.2. Up-to-date information on existing demand to transport (deliver) goods and/or freights;
2.6.3. Up-to-date information on existing demand to provide cargo handling services.
2.7. Materials constituting the Database have the following characteristics:
2.7.1. Details on existing demand to transport passengers and luggage by light motor taxi vehicle:
- light motor vehicle’s arrival address
- vehicle’s category
- trip destination address or trip distance
- applicable fare
- estimated trip cost
- contacts of a person, who placed the order
2.7.2. Details on existing demand to transport (deliver) freight (goods)
- vehicle’s arrival address
- type of freight (goods)
- trip destination address or delivery distance
- applicable fare
- estimated delivery cost
- contacts of a person who placed the order
Details on existing demand to carry out cargo handling operations:
- address, where cargo handling operations will be provided
- type of cargo
- contacts of a person who placed the order
2.8. The territory, where the right to use the Database is provided, is the territory of the Chile.
2.9. Access to the Database is provided through TAXSEE Driver software supplied by Maxim Service.
3. Registration on Maxim Service Website
3.1. To get access to the Database, the completion of a registration process (hereafter referred to as the registration) by the Sublicensee is required. This registration process can be completed either on Maxim Service website on the Internet or locally in Maxim Service office.
3.2. Registration on Maxim Service website shall be deemed to be completed and Terms of Service should be accepted by the Sublicensee.
3.3. Registration is exercised through filling a special form on Maxim Service website. Maxim Service may request to provide the documents supporting the authenticity of the data mentioned during registration.
3.4. Registration is carried out at the discretion of Maxim Service. The receipt of documents and data required for registration shall not entail the absolute obligation of Maxim Service to exercise the registration procedure.
3.5. The user’s ID (login) and password required to get the authorized access to the Database is assigned after registration. The user’s ID (login) and password are sent by Maxim Service to the mobile phone number provided by the Sublicensee during registration
3.6. Maxim Service may from time to time request to provide personal data and documents solely for verification of data provided, and this data is not saved by Maxim Service after registration is completed. All information will be handled in compliance with Chilean Law Nº 19.628 that governs the protection of private data.
3.7. Maxim Service saves and uses the following data on the persons, who have registered on Maxim Service website:
3.7.1. The user’s pseudonym (nickname) is any combination of letters mentioned at registration. The Sublicensee specifies his pseudonym at his discretion and is not modified by Maxim Service;
3.7.2. The user’s ID (login);
3.7.3. Brand, color and digits from the vehicle’s registration plate;
3.7.4. Mobile phone number mentioned at registration.
3.8. By registering on Maxim Service website, the Sublicensee hereby expresses his consent to receive promotional ads in any way particularly through the telecommunication channels and Internet messengers (Viber, WhatsApp, Telegram and similar) for the purposes and in cases, when such consent is required according to binding laws.
4. Maxim Service Fee
4.1. For granting the right of use of the Database, the Sublicensee hereby agrees to pay the fee to Maxim Service in size and on conditions set forth in Rules How to Use Maxim Service Database.
5. Maxim Service Guarantees
5.1. Maxim Service hereby guarantees that:
5.1.1. It possesses adequate rights to exercise its obligations hereunder;
5.1.2. Performance of this Agreement will not entail violation of any third parties intellectual rights;
5.1.3. Maxim Service is not bound by any contract, capable of preventing the Sublicensee from using the Database on conditions set forth herein;
5.1.4. Maxim Service has neither performed nor will perform any actions, making it impossible to use the Database by the Sublicensee on conditions set forth herein.
6. Arrangements and Manner of Database Use
6.1. The Sublicensee may use the Database in the following manner:
6.1.1. Acquire information from the Database and use such information in his/her business, particularly provide access to such information to the third parties (his/her employees, contractors and etc.);
6.1.2. Completely or partially reproduce it in any format and by any means;
6.1.3. Modify it, particularly, translate the Database from one language to another.
7. Rights and Responsibilities of the Parties
7.1. Maxim Service has the right to:
7.1.1. Request the Sublicensee to use the Database by the Sublicensee in the manner and form set forth herein;
7.1.2. Similarly to this Agreement award the agreements for assignment of rights to use the Database with the third parties, particularly on the same territory, where the right to use the Database is given to the Sublicensee;
7.1.3. Suspend access to the Database to the Sublicensee, should the Sublicensee violate the conditions and fee payment due date for Maxim Service – until the fee is paid by the Sublicensee.
7.1.4. Suspend access to the Database to the Sublicensee, should Maxim Service receive the documents evidencing the Sublicensee’s illegal use of the Database information. Maxim Service suspends access to the Database information to the Sublicensee based on the effective judgments, regulations, which prove the fact of violation by the Sublicensee. These documents shall be submitted in the original or in copies certified by the appropriate court. Access of the Sublicensee to the Database is suspended till Sublicensee clears all violations disclosed.
7.2. Maxim Service shall:
7.3. Provide smooth and continuous functioning of the Database throughout the Agreement life;
7.4. The Sublicensee has the right to:
7.4.1. Use the Database in the manner and form set forth herein, and in compliance with Chilean Law Nº 19.628;
7.4.2. Request Maxim Service to immediately resolve any problems, preventing the use of the Database.
7.5. The Sublicensee shall:
7.5.1.Pay the fee to Maxim Service in the manner and time set forth in fixed in the Rules How to Use Maxim Service Database.
7.6. The Sublicensee does not need to provide any Database usage reports to Maxim Service.
8. Responsibility for the Parties
8.1. The Parties shall be responsible for breach of conditions hereof subject to the Russian laws in force.
9. Disputes Settlement
9.1. The Parties shall take efforts to amicably settle down any disputes and disagreements thereunder by way of negotiations.
9.2. The complaint response time and documents submission time for amicable settlement of disputes and disagreements shall not exceed seven (7) business days once the Party has received such complaint and/or the need to submit these documents has originated.
9.3. Should it be not possible to settle down the disputes and disagreements by way of negotiations, the disputes and disagreements shall be settled at the court, where Maxim Service has its office registered.
10. Special Conditions
10.1. This Agreement does not assume the lapse of any exclusive rights to the Database to the Sublicensee.
10.2. This Agreement is a subscriber’s agreement and does not require the Parties to rise and/or sign any bilateral acts of jobs acceptance.
10.3. The integral part hereof is the Rules How to Use Maxim Service Database.
10.4. The conditions hereof shall apply to all the persons registered on Maxim Service website unless otherwise is stated herein. Should the Parties sign a separate contract, the conditions of the latter shall apply to the legal relationship between the parties.
Rules How to Use Maxim Service Database
1. Terms and Definitions
1.1. “Database” shall mean an organized structure constituting the set of materials, hardware, software, firmware, as well as the methods and the algorithms (program code) ensuring interaction between the Database elements, and designated to systemize, store, process, transform the materials in concordance with the Database algorithms. The Databases materials may be accessed through “TAXSEE Driver” mobile app.
1.2. “Sublicensee” shall mean a person, who has signed the sublicense agreement and has received the right to use the Database thereunder.
1.3. “Maxim Service” shall mean a legal entity granting the rights to the Sublicensee to use the Database according to the sublicense agreement and granting the rights to the Sublicensee to use “TAXSEE Driver” mobile app, which is required to get access to the Database.
Unless Maxim accepts it through a separate written contract with you, the Services are made available only for your personal, non-commercial us.
Very important information: you acknowledge that Maxim does not provide transportation or logistics services or functions as a transportation company and that such transportation or logistics services are provided by independent third party contractors, who are not employed by MAXIM or any of its subsidiaries.
1.4. “TAXSEE Driver” mobile app (hereinafter referred to as the Mobile app) shall mean a software provided by Maxim Service to the Sublicensee, designated to give a remote access to the Database to the Sublicensee. The usage of the mobile app is subject to a separate agreement between the Parties.
1.5. “Order” shall mean information on demand to perform a certain type of work (provision of a certain type of service), having certain parameters mentioned in these Rules depending on the type of the Order.
1.6. “Cost of the Order” shall mean money paid to the Sublicensee by a person, who has placed the Order.
1.7. “Personal account” shall mean an account, where advance payment of the Sublicensee and amounts of cash deducted from these payments as payment for granting access to the Database. The Personal account has a unique number and is generated by Maxim Service.
1.8. “Personal account balance” shall mean the difference as of certain time-point between the amount of cash deposited on the Personal account and deducted from the Personal account till this time-point.
1.9. “Client” shall mean a natural person, placing the order for Services through Maxim Service.
2. General Provisions
2.1. This document describes the conditions and the manner of granting access to the Database to the Sublicensee and is an integral part of the sublicense agreement signed by the Sublicensee and Maxim Service.
2.2. Acquisition, storage, systemization of information, creation of the Database, as well as legal relations between the Sublicensee and Maxim Service in respect of granting access to the Database are subject to the provisions of Russian Federation and other laws and regulations which are binding according to Legal system of Russian Federation.
2.3. Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current laws of Chile.
2.4. The Sublicensee may use information, access to which he is granted to, at his discretion.
2.5. The database gives the possibility to the Sublicensee to get access to the following materials:
2.5.1. Up-to-date data on existing demand to transport passengers and luggage;
2.5.2. Up-to-date data on existing demand to transport (deliver) of freights (goods);
2.5.3. Up-to-date data on existing demand to carry out cargo handling operations.
2.6. The Database materials on existing demand to transport passengers and luggage contain information on arrival of a vehicle, assigned for transportation of passengers and luggage, as well as the vehicle time and arrival address, vehicle’s category, transportation route, passengers’ details, cost of the order and other information, the content of which is set forth by Maxim Service.
2.7. The Database materials on existing demand to transport (deliver) freights (goods) contain information on the time and freight (goods) receipt address, specification of freight (goods), requirements to a vehicle for transportation of freight (goods), as well as information on the transportation route, delivery address, contact persons details, cost of the order and other information, content of which is set forth by Maxim Service.
2.8. The Database materials on existing demand to carry out cargo handling operations contain information on the time and freight handlers’ arrival address, cargo specification, cost of cargo handling operations and other information, content of which is set forth by Maxim Service.
3. Modification of the Rules
3.1. Maxim Service may unilaterally modify these Rules by publishing the appropriate changes on the website and the Sublicensee is obliged to visit the website every two days. These changes take effect within 7 calendar days after their publication on the website and by that time the Sublicensee is deemed notified. The use of the Database after the entry into force of these amendments implies the consent of Sublicensee with these amendments. https://www.taximaxim.com
3.2. Any amendment of the Rules after they take effect shall apply to all persons using the Database, including those persons, who have started using the Database before the date, when such changes took effect. Should he disagree with the amendments made, the Sublicensee shall stop using the Database and inform Maxim Service accordingly about the same, unless it implies his/her/its consent.
4. The Rights and Responsibilities of the Parties
4.1. Maxim Service has the right to:
4.1.1. Request the Sublicensee to comply with the conditions of these Rules;
4.1.2. Suspend or prohibit access of the Sublicensee to the Database in the manner and subject to conditions set forth in these Rules;
4.1.3. Modify these Rules;
4.1.4. Record phone calls with the Sublicensee to ensure internal control of the quality of granting access to the Database to the Sublicensee and quality of provision of services for grating such access;
4.1.5. Carry out scheduled maintenance in and functional modification of the Database. For a period, while such works are in progress the Sublicensee may be suspended from access to the Database.
4.1.6. Suspend access to the Database to the Sublicensee, should the Personal account balance become null or negative until the time the Sublicensee tops it up.
4.1.7. Take any other actions including but not limited to granting and maintaining access to the Database. The above-mentioned actions must not contradict with the current law of Chile.
4.1.8. Suspend or discontinue access to the “TAXSEE Driver” mobile app or the Database to the Sublicensee for any plausible reason.
4.2. Maxim Service shall:
4.2.1. Grant access to the Database to the Sublicensee and ensure proper performance and functionality of the Database, as well as continuous access of the Sublicensee to the Database except for cases of scheduled maintenance and modification of the Database operation, as well as in cases of malfunction.
4.2.2. Give the right to the Sublicensee to use the Mobile app, required to access the Database;
4.2.3. Timely account the Sublicensee’s payments on his/her Personal account.
4.2.4. Timely figure out and prevent any efforts of unauthorized access to the Sublicensee’s data and/or its transfer to the third parties, who do not have a direct relation to the legal relationship between the parties;
4.2.5. Not change or edit the Sublicensee’s data without his/her consent.
4.3. The Sublicensee has the right to:
4.3.1. Request Maxim Service to grant access to the Database of proper quality subject to the conditions of these Rules, including technical and consulting services.
4.4. The Sublicensee shall:
4.4.1. Close any confirmed Order subject to its conditions;
4.4.2. Pay for Services provided in respect of granting access to the Database at the price set forth in these Rules;
4.4.3. Should Maxim Service make any pay-outs to the Clients caused by poor quality of services provided by the Sublicensee (Sublicensee’s employees and/or contractors) to the Clients, the Sublicensee hereby obliges to compensate for losses incurred by Maxim Service in this regard. This compensation is deducted from cash available on the Sublicensee’s personal account. In case the sum is not sufficient, penalties for the fiscal period shall be deemed to be the Sublicensee’s accounts receivable, which is set off as a matter of priority, once the Sublicensee tops up his Personal account. Poor quality of Services provided by the Sublicensee is confirmed through the inspections, carried out by the Maxim Service employees, which are initiated on the basis of the Clients requests, the result of which is formalized with the office memos, generated in Maxim Service software-information complex.
4.4.4. Immediately notify Maxim Service, should the registration details, provided to Maxim Service at the stage of awarding the sublicense agreement and occurrence of circumstances making it impossible to close the Orders.
5. Order Cost Evaluation
5.1. The cost of the Order is determined by the Sublicensee.
5.2. The Sublicensee shares the applicable fares to Maxim Service. Maxim Service calculates the cost of the Order based on the details provided by the Sublicensee, considering the parameters of each Order separately.
5.3. When making settlements between the Client and the Carrier through the wire transfer, Maxim Service is the agent acting on behalf of and at the expense of the Carrier in the part of accepting cash from the Client to credit them to the Carrier’s personal account. Maxim Service assumes the obligations of the Carrier’s agent only with regard to ensuring receipt of money from the Client and does assume any other rights and obligations of the Carrier.
5.4. The user understand and acknowledge that the use of the Services may result in charges for services or goods received by a Third Party Provider ("Charges"). After you have received the services or obtained the goods through the use of the Services, Maxim Service will facilitate your payment of the applicable charges on behalf of the third party provider as a limited collection agent of the third party provider. The Charges will include applicable taxes when required by law. The charges paid by you are final and non-refundable, unless maxim determines otherwise.
6. Size of Fee payable to Maxim Service and Settlement Procedure
6.1. The size of the fee payable to Maxim Service for granting access to the Database shall be determined as percentage deductions of the Sublicensee’s income (earnings).
6.2. The size of the fee payable to Maxim Service is determined for every order separately in the Database.
6.3. The size of the fee may be reduced by Maxim Service for a period of promotional offers. In this case reduction of the fee shall be the discount provided by Maxim Service. The discount size as well as conditions to get such discount shall be determined by the conditions of the respective promotional offer.
6.4. The size of fee payable to Maxim Service may be changed unilaterally through modification of these Rules and publication of the changes made on the website https://www.taximaxim.com. The Sublicensee shall be informed of the size of fee revised via TAXSEE Driver mobile app.
6.5. The fee shall be made on a prepayment basis by topping up the Personal Account by the Sublicensee in the amount personally determined by the Sublicensee.
6.6. Payment for services is exercised through deduction of cash from the Sublicensee’s Personal Account in the amount equal to the size of the fee, once the Sublicensee has confirmed the Order.
6.7. The Personal Account is topped up by making advance payments using bank cards, through the self-service terminals by cash crediting to the Maxim Service settlement account or depositing cash to the Maxim Service cash desk.
6.8. Maxim Service shall be the agent of the Sublincensee for accepting payments from the Clients via Internet acquiring and other e-payment methods. Maxim Service is not a beneficiary and shall not get any profit from the payments made by the Client. Electronic payment for a trip shall be deducted from the bank card of the Client and credited to the personal account of the Sublincensee opened in Maxim. The comnission for acceptance of electronic payments is not charged from the Sublicensee by Maxim Service.
6.9. Maxim Service shall be the customer of the services on the promotion of its product (Service Maxim), and the Sublincensee shall be the contractor promoting the product of the customer. Within these relationships the Sublincensee shall render free carriage or carriage at a reduced cost at the expense of Maxim Service. The funds for the trip shall be credited to the personal account of the Sublincensee opened in Maxim Service.
6.10. Maxim Service shall be the supplier of information services granting licenses for access to the order database to the Sublincensee. Funds for the license shall be deducted from the personal account of the Sublincensee opened in Maxim Service.
6.11. Positive balance of the personal account of the Sublincensee shall deem creditor indebtedness of Maxim Service to the Sublincensee.
6.12. Negative balance of the personal account of the Sublincensee shall deem indebtedness of the Sublincensee to Maxim Service for the services rendered by it.
6.13. The Sublincensee shall be entitled to request payment of the indebtedness from Maxim by sending an electronic request; the bank details of the bank card are specified in the TaxSee Driver application.
6.14. The Sublincensee shall be an independent economic entity and he is solely and completely responsible before tax and insurance issues.
7. Responsibility for the Parties
7.1. Responsibilities of Maxim Service:
7.1.1. Maxim Service is responsible to perform its assumed obligations subject to Russian legislation.
7.1.2. Maxim Service is not responsible for complete or partial interruptions of access to the Database by the Sublicensee, which are caused by the replacement of hardware and software or some other scheduled works dictated by the need to maintain the performance and development of Maxim Service firmware.
7.1.3. Maxim Service is not responsible for the Sublicensee’s failure to get access to the Database in case of the third party hardware or software failures, which do not belong to Maxim Service.
7.1.4. Maxim Service is not responsible for the Sublicensee’s damages, lost profit suffered by the Sublicensee because of use of the Database by the Sublicensee.
7.1.5. Maxim Service is not responsible for the damage inflicted on the third parties by the Sublicensee resulting from the use of the Database by the Sublicensee.
7.2. Responsibilities of the Sublicensee:
7.2.1. The Sublicensee is responsible to perform its assumed obligations subject to current legislation, especially those legal requirements to validly drive a vehicle according to the corresponding law, including requirements of personal aptitudes such as: age, physical abilities, driver's license, etc, as the requirements of the vehicle used, such as: permission of circulation, patent, etc.
7.2.2. The Sublicensee is personally responsible to the person, who placed the Order, to properly perform the Order, as well as for any damage inflicted on such person by the User’s actions.
7.2.3. The Sublicensee is responsible for the damage inflicted on the third parties both in respect of execution of the Order and for the actions that do not concern the execution of the Order. Maxim Service may act as a mediator between the Sublicensee and the person, who placed the Order, to settle down these disputes as soon as possible.
8. Special Conditions and Limitation of Responsibility
8.1. IN CONSIDERATION OF THE CONDITIONS HEREOF, THE SUBLICENSEE UNDERSTANDS THAT INFORMATION HE IS GRANTED ACCESS TO HEREUNDER, IS USED BY HIM/HER PERSONALLY, FOR HIS OWN BENEFIT AND AT HIS RISK. THE SUBLICENSEE IS INFORMED THAT SHOULD HE USE SUCH INFORMATION FOR BUSINESS PURPOSE, HE SHALL PERSONALLY REGISTER AS A SOLE PROPRIETOR OR ACT AS A LEGAL ENTITY, AS WELL AS ENSURE COMPLIANCE WITH THE CURRENT LAW OF CHILE.
8.2. MAXIM SERVICE SHALL NOT ASSUME ANY OBLIGATIONS IN RESPECT OF COMPENSATION FOR DAMAGE, PARTICULARLY LOST PROFIT INFLICTED ON THE THIRD PARTIES BY THE SUBLICENSEE’S ACTIONS.
8.3. MAXIM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OR RELATIVE LOSSES, OR IN CONNECTION WITH, OR OTHERWISE DERIVED FROM ANY USE OF THE SERVICES, EVEN IF MAXIM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAXIM WILL NOT BE LIABLE FOR ANY DAMAGE, LIABILITY OR LOSS ARISING OUT OF: (I) YOUR USE OR DEPENDENCE OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF YOU HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAXIM WILL NOT BE RESPONSIBLE FOR THE DELAY OR THE LACK OF EXECUTION RESULTING FROM CAUSES THAT GO BEYOND MAXIM'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS THAT PROVIDE TRANSPORTATION SERVICES REQUESTED THROUGH SOME ORDER BRANDS MAY PROVIDE SHARED OR PEER-TO-PEER CAR SERVICES AND MAY NOT APPLY TO PROFESSIONAL LICENSE OR PERMISSION.
8.4. MAXIM SERVICE IS NOT RESPONSIBLE TO THE SUBLICENSEE FOR ANY ACTIONS OF THE THIRD PARTIES, WHEN THE SUBLICENSEE HAS SUFFERED ANY DAMAGE, INCLUDING LOST PROFIT.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". MAXIM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Maxim MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY OF THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL NOT BE INTERRUPTED OR WILL BE UNINTERRUPTED. FREE OF ERRORS. MAXIM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SECURITY OR ABILITY OF THIRD PARTY SUPPLIERS. YOU AGREE THAT ALL RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE OR REQUESTED IN CONNECTION WITH THOSE WILL BE SOLELY YOURS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.6. LIMITATION OF LIABILITY.
YOU MAY USE MAXIM'S SERVICES TO REQUEST AND PLAN TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY SUPPLIERS, BUT ACCEPT THAT MAXIM HAS NO LIABILITY TO YOU IN CONNECTION WITH ANY TRANSPORTATION, ASSET OR LOGISTIC SERVICE PROVIDED TO YOU BY THIRD PARTY SUPPLIERS NOT AS EXPRESSLY ESTABLISHED IN THESE CONDITIONS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT INTEND TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to hold harmless and respond to MAXIM and its directors, directors, employees and agents for any claim, claim, loss, liability and expense (including attorneys' fees) arising from: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Conditions; (iii) MAXIM's use of its User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
9. Force Majeure
9.1. A force majeure shall be the reason releasing the Parties of their responsibilities. For the purpose hereof the force majeure shall mean circumstances set forth in Chile’s legal system.
9.2. The Party, which has suffered from force majeure, shall immediately inform the other party in writing (including fax) of the force majeure, its type, the potential duration thereof and the obligations, which performance is interfered.
9.3. Should the Party affected by force majeure, fails to inform the other Party in writing or via email thereof, it shall further lose its right to refer to the force majeure as to the circumstance that may release it of its responsibility.
10. Sublicensee’s Personal Data Processing and Use Policy
10.2. Maxim collects and processes the Sublicensee’s personal data pursuant to the terms and conditions set forth by binding laws and regulations of Chile (Law Nº 19.628 that governs the protection of private data) and this Offer.
10.3. In accordance with laws of Chile, the Sublicensee’s registration on Maxim Service website shall mean the consent of this person for processing of his personal data by Maxim Service in cases, when the provisions of the Chilean laws require such consent.
10.4. The purpose of collecting and processing the Sublicensee’s personal data is formation and execution of the contract between the Sublicensee and Maxim Service, subject of which shall be to grant the rights to use the Database to the Sublicensee. When collecting and processing the Sublicensee’s personal data, Maxim Service does not pursue any other purposes, apart from the purposes of execution of the Sublicense agreement.
10.5. The Sublicensee’s personal data is stored exclusively on electronic media and processed using the automated personal data processing systems.
10.6. When the Sublicensee registers on Maxim Service website, he shares the following personal data:
10.6.1. last name, first name, patronymic (if any);
10.6.3. telephone number;
10.6.4. series, number and date of issue of the driving license;
10.6.5. vehicle’s registration plate.
10.7. Once the Sublicensee has registered on Maxim Service website, the Sublicensee’s personal data is not saved and is not used any further. Maxim Service does not store, process or use the Sublicensee’s personal data and is not a Sublicensee’s personal data processing operator.
10.8. Only Maxim Service employees have access to the Sublicensee’s personal data.
10.9. Maxim shall neither distribute the Sublicensee’s personal data nor provide access to them to the third parties without prior written consent of the Sublicensee with the exception of cases, when provision of personal data is requested by the authorized authorities under the current legislation of the Chile or Russia.
10.10. The Client’s personal data is destroyed by Maxim Service in 24 hours after the Sublicensee’s registration on Maxim Service’s website.
10.11. Personal data is destroyed without possibility to restore it afterwards.
10.12. Maxim Service takes the following efforts to prevent the unauthorized access to the Sublicensee’s personal data:
10.12.1. assigns the employees responsible for personal data processing;
10.12.2. takes organizational and technical efforts to ensure safety of the Sublicensee’s personal data, namely:
10.12.3. identifies security threats for personal data, when processing them in the personal data information systems;
10.12.4. ensures safety protection mode for the rooms, where the information system is located that prevents the possibility of the uncontrolled access or presence of people in these rooms, who do not have the access right to these rooms;
10.12.5. ensures safety of the personal data carriers;
10.12.6. approves the list of persons having access to personal data necessary to perform their official (employment) duties;
10.12.7. uses the information security tools necessary to prevent the unauthorized access to personal data;
10.12.8. evaluates the efficiency of the efforts taken to ensure personal data security;
10.12.9. discloses the unauthorized access cases to personal data and efforts to be taken;
10.12.10. restores personal data, modified or destroyed as a result of the unauthorized access to them (if technical capability of such recovery is available);
10.12.11. establishes the rules for access to personal data processed in the personal data information system;
10.12.12. exercises control of the efforts taken to ensure personal data security and the level of protection of personal data information systems.
10.13. Maxim Service uses and saves the following Sublicensee’s data, which is not his personal data:
10.13.1. vehicle’s brand, model and color;
10.13.2. digits from the vehicle’s registration plate;
10.14. Maxim Service receives the Sublicensee’s location data (geolocation data) through the Mobile app. The geolocation data is transferred to Maxim Service, only when the Sublicensee uses Mobile app. The Sublicensee registration on Maxim Service website shall mean that the person agrees that his geolocation data is transferred and used by Maxim Service, when he is using the Mobile app.
10.15. To withdraw cash from the Personal account, the Sublicensee communicates the details of the account opened in an Chilean bank to Maxim Service and any other details, required to transfer cash including the Sublicensee’s personal data, namely:
10.15.1. recipient’s account number in a credit organization;
10.15.2. last name, first name, the patronymic of the recipient;
10.15.3. debit or credit card’s number.
10.16. The data provided by the Sublicensee does not give the right to Maxim Service to carry out any transactions apart from the transactions of crediting cash to the Sublicensee bank account.
10.17. Maxim may provide to a claims processor or an insurance company any necessary information (including contact information) if there are complaints, disputes or conflicts that may include an accident, involving you and a third party (including the company's transport driver) when that information or that data will be necessary to resolve the complaint, dispute or conflict.
11. Intellectual Property
11.1. The Sublicensee is given a limited right to use “Maxim Taxi Booking Service” brand and Maxim® trademark to advertise Order placing options.
11.2. The Sublicensee may independently advertise (promote) telephone number, other options of placing the Order, particularly by placing the promo ads on the Sublicensee’s vehicles. In this case, the Sublicensee is responsible for compliance with the promo ads (including its content and placement) with the requirements and regulations of the current law.