Rules of the Maxim Service1. General provisions
1.1. This document (hereinafter referred to as Work Rules) is addressed to any individual (hereinafter referred to as the Client) using Rides & Delivery Service “Maxim” (hereinafter referred to as Maxim, Maxim Service). Work Rules contain all essential information about the provision of information services aimed at registering the Client’s order in the software-information complex and communication of the order´s follow-up status to the Client.
1.2. Placing the order via Maxim Service using any of the software-information complex options implies the acceptance of these Work Rules and establishes a contract between the Client and Maxim. Maxim’s Work Rules are posted on the Maxim’s official website http://taximaxim.com/co.
1.3. Maxim hereby provides free of charge information services focused on registering the order in the software-information complex and the communication of the order follow-up status to the Client.
1.4. The Client acknowledges that Maxim does not provide public transportation or logistics services which are associated with the passenger and luggage transportation, freight transportation or any other transport services to the Client. Maxim is not affiliated with any transportation company, does not represent it in any form and does not have any employment relationships with users of Maxim Service.
1.5. Maxim can modify the present Work Rules when deems necessary. Such modifications will become effective after publication of the revised Work Rules on the Maxim’s official website.
1.6. Please read the text of the Work Rules attentively before using Maxim. Should you disagree with any terms and conditions thereof, you are kindly advised to refrain from using Maxim Service.
2. Terms and Definitions
2.1. Terms and definitions used to perform the conditions of the Rules:
2.1.1. Services shall mean information services focused on receiving, processing and transmission of the Client’s order to the Partner and communicating the order follow-up status to the Client. The list of the available Services is stipulated in clause 3.2 of these Work Rules and is not exhaustible. Maxim does not provide the Сlient with public transportation services or any other transportation services.
2.1.2. Order shall mean a request for one of the Services stipulated in clause 3.2 of the Work Rules and processed by the software-information complex.
2.1.3. Partner shall mean a person who independently, on his/her own, under his/her full responsibility provides the Services to the Client.
2.1.4. Profile shall mean a page on the official Maxim website, containing statistics of the scope of the services provided by the Partners and the current status of the Client’s personal account.
2.1.5. Personal Account shall mean a secure account, where advance payments of the Client and amounts of cash deducted (written off) from these payments are recorded. The Personal account has a unique number and is generated by Maxim.
2.1.6. Personal account balance shall mean the difference as of a certain time-point between the amount of cash deposited on the Personal account and deducted from the Personal account till this time-point.
2.1.7. Client shall mean a person who places the Order by any means using Maxim Service.
2.1.8. Route shall mean a vehicle route between the departure and destination points.
2.1.9. Advance Order shall mean the request for the Order made via Maxim Service minimum 60 minutes in advance of the time specified by the Client.
2.1.10. Current Order shall mean a request for the Order with the anticipated execution time "as soon as possible".
2.1.11. Mobile app shall mean a computer software installed on the Client’s mobile phone and integrated into Maxim’s software and information complex, automating the Orders generation process online.
3. Subject of the Work Rules
3.1. Maxim hereby provides free information services focused on the transmission of the Order to the Partner and communicating the Order follow-up status to the Client.
3.2. The Client, by placing the Order in any available way through Maxim Service, exercises his intent to receive one of the following services from the independent Partners (in different cities of Maxim presence, the list of available services may vary):
3.2.1. registering the Order in Maxim's software-information complex;
3.2.2. information about Order's status;
3.2.3. rent of a vehicle with a driver;
3.2.4. delivery services and courier services;
3.2.5. starting the car engine;
3.2.6. loading and unloading works;
3.2.8. transportation of animals;
3.2.9. meeting with a sign at airports and train stations.
4. Manner of Services
4.1. The Client hereby accepts these Work Rules by placing the Order in any possible manner.
4.2. The Client is responsible for the content and reliability of information communicated while placing the Order.
4.3. Once the Order is placed, the Client’s data are registered in the Maxim Service Database. Maxim does not change and does not revise the Client’s details without his consent.
4.4. Maxim places the Order in the software and hardware complex on a free-of-charge basis and grants access to the software and hardware system to the Partner, who selects the Order and notifies Maxim of its choice accordingly with mentioning the arrival time under such Order. Maxim hereby guarantees to enter the Order into the software-information system only. The Partner is responsible for the Order’s execution.
4.5. Maxim informs the Client about the current status of the Order and communicates identification information of a vehicle such as its brand, model, color and plate number.
4.6. The Client may make a request for the advance Order if such option is available in the city where the Client makes an Order. The Partner shall be notified about pre-order in advance by Maxim. The Partner is responsible for a vehicle arrival on time, however, arrival of a vehicle in time in this case is not guaranteed.
4.7. In order to be able to place the Order the Client shall read and accept these Work Rules. While placing the Order in Maxim, and depending on the Services requested, the Client may also be required to read and express his/her consent to other mandatory legal documents, which are the part of the present Work Rules. If the Client does not express his/her consent to the Work Rules and other mandatory legal documents, Maxim may refuse him/her in provision of the Services requested.
4.8. In order to improve quality of the services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform Maxim of the cases of violation of the Client’s rights by the Partner by addressing a problem using the electronic feedback service or in writing to Maxim’s address. Maxim may facilitate the parties in the resolution of a conflict. The content of this paragraph does not and cannot be deemed to be interpreted as Maxim’s obligation to compensate the damages or harm inflicted on the Client by the Partner. In some cases, however, Maxim may voluntarily accept to compensate for the Client.
4.9. While collecting and processing the Client’s personal data, Maxim is governed by Colombian Law 1581/12 and its regulations, as well as the personal data collection and processing procedure set forth in paragraph 11 herein.
4.10. Should the Client have any questions related to the specification of Services, the Client shall consult Maxim before placing the Order.
4.11. When the Client creates an account, he accepts that Maxim might send text messages (SMS), as well as promotional information (including messages sent via Internet messengers as part of normal commercial activity for the use of the services and that these texts might have additional costs depending on The Client’s service provider).
5. Maxim’s Responsibilities
5.1. Maxim shall register the Client’s Order in the software-hardware system and communicate the Order follow-up status to the Client.
5.2. Maxim shall inform the Client about cases of a forced delay in Services provision.
5.3. Maxim shall inform the Client if it is not possible to provide the Services.
5.4. Maxim shall timely credit the advance payments of the Client to the Personal account.
5.5. Maxim shall transfer payments from the Client’s personal account to the Partner’s personal account at the Client’s request.
5.6. Maxim shall timely detect and prevent attempts of unauthorized access to the information provided by the Client and / or its transfer to the persons that are not directly related to the Order execution.
6. Responsibilities of the Client
6.1. The Client shall place the Order taking into account the time necessary for the Service provision.
6.2. The Client shall take into account the number of seats and the space of the vehicle, as well as the need to equip the vehicle in case of carrying of an animal.
6.3. The Client shall truthfully and accurately communicate the Client’s phone number, time and vehicle arrival address, its type, route and required transportation conditions.
6.4. The Client shall use the provided vehicle for the intended purpose.
6.5. The Client shall keep the vehicle clean and tidy during the whole route.
7. Payment settlements between the Client and the Partner
7.1. Maxim hereby provides services to the Client, the subject of which is specified in these Rules, on a free of charge basis.
7.2. Payment settlements between the Client and the Partner are carried out directly between the Client and the Partner without participation of Maxim. Maxim only communicates the cost of the Order to the Client. Informing the Client about the final cost of the Order shall not imply in any case that the Order is performed by Maxim or its employees. The cost of the Order is calculated depending on the tariff applied by the Partner, the distance of the Route, the total time for the Order performance. The cost of the Order may be influenced by some other factors as well, such as weather conditions, traffic situation, time of day, etc.
7.2.1. Maxim may calculate the approximate cost of the Order and suggest it to the Client and the Partner. The Partner shall refuse from performing the Order or change the cost of the Order if the Partner disagrees with the cost of the Order suggested by Maxim.
7.2.2. Cost of the Order suggested by Maxim may be reduced during a period of promo campaigns and/or special offers. In this case reduction of the Order cost shall be the discount provided to the Client. The discount amount as well as conditions to get such discount shall be determined by the conditions of the respective promo campaign and/or special offer.
7.3. Maxim does not give the Client and the Partner any instructions regarding the form and procedure of making payments for the services provided by the Partner to the Client.
7.4. Maxim ensures technical capability of payment for the Order by the Client in the following forms:
7.4.1. Advance payment in the self-service terminal by cash crediting to the Client’s Personal account (if technically possible);
7.4.2. Wire transfer using bank cards (if technically possible).
7.5. When making settlements between the Client and the Partner by advance payments or wire transfer using bank cards, Maxim shall be the agent of the Partner acting on behalf of and at the expense of the Partner when receiving payments from the Client via e-payment methods and crediting them to the Partner’s personal account. Maxim deducts the payment from the Client’s personal account and credits it to the Partner’s personal account in the amount equal to the size of the fee for the services rendered by the Partner to the Client. Maxim assumes the obligations of the Partner’s agent only with regard to ensuring receipt of funds from the Client.
7.6. To get the possibility to make payments for the Partner’s services through wire transfer using bank cards, it is required to register in Profile, as well as to attach the bank card to the Client’s Personal Account.
7.7. Wire transfer payments using bank cards are carried out in accordance with the Financial Superintendence of Colombia. The security of the data provided by the Client is ensured by the compliance of the procedures with the requirements of the Central Bank of Colombia and other related binding laws and regulations and no one, including Maxim, can receive them. The bank card details are entered on the secure payment page of the acquiring bank, which ensures the possibility of non-cash payments for the services.
7.8. For confirmation of the possibility of bank transfer payment using bank cards, funds in the amount of the cost of the Order can be reserved on the Client’s bank card at the time of the Order placing. In case of the Order cancellation by the Client, as well as in some other cases, when the services were not provided to the Client, the funds reserved on the Client’s card are to be returned to the Client.
7.9. Should the Client change the scope of the Order requested, the corresponding cost is subject to recalculation and shall be paid by the Client in accordance with the scope of the services actually provided.
7.10. The Client and the Partner may agree on any other forms of payment for the services requested, which are not set forth in these Rules, including payment for services in cash and by other means that do not contradict the current legislation.
7.11. The Partner may establish the payment for the provision of the additional services to the Client.
7.12. The Partner may establish a penalty if the Client refuses from the Order after the Partner’s arrival at the pick-up point agreed in the Order. The penalty amount is determined by the Partner.
7.13. Maxim shall inform the Client of the rates fixed by the Partner for the provision of additional services and the penalty. In this case payment for the provision of additional services, payment for the penalty is made directly to the Partner in the form agreed by the Client and the Partner.
7.14. Maxim is not a beneficiary and shall not get any profit from the payments made by the Client to the Partner. Electronic payment for a trip shall be deducted from the bank card of the Client and credited to the personal account of the Partner opened in Maxim.
8. Liabilities of the Parties
8.1. The Parties shall be responsible for non-performance of their obligations hereunder subject to the laws of Colombia.
8.2. Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not caused by Maxim or Maxim’s employees’ direct actions/luck of actions.
8.3. Maxim is not responsible for a complete or partial interruption in the provision of the Services related to replacement of hardware, software or other attempts required to maintain performability and development of Maxim’s hardware, subject to prior notice of the Client.
8.4. Maxim is not responsible for direct damages, lost profit incurred by the Client as a result of the use of Services.
8.5. Maxim is not responsible for the Partner’s failure to perform his obligations.
9. Disputes settlement
9.1. The Parties (the Client and the Partner) shall settle down any disputes and disagreements related to these Rules through negotiations. All the disputes shall be settled down by the Parties without participation of Maxim. Maxim’s involvement in disputes resolution shall be limited to the extent stipulated in paragraph 4.8. herein.
9.2. Should it not be possible to settle down disputes through negotiations, they shall be resolved subject to the current laws of Colombia.
10. Special terms
10.1. By agreeing to the conditions of these Work Rules in this wording, the Client expresses his consent to receive information messages, as well as promotional information distributed via networks for the purposes and in cases where the need for such consent is provided for by Colombian laws and regulations, especially the regulations established by the Communications Regulation Commission (CRC) or other sectorial authority that provided for that.
11. Personal Data Processing Policy
11.2. The purpose of collecting and processing the Client’s personal data is in execution of the contract between the Client and Maxim, the subject matter of which is determined by the conditions hereof. When collecting and processing the Client’s personal data, Maxim does not pursue any other goals, apart from the purposes of providing services to the Client, which subject is set forth herein.
11.2.1. By making the Order, the Client with his will and for his own benefit gives Maxim his consent to freely collect and process his personal data in accordance with the articles 9, 11 and 12 of the Personal Data Act 1581/12.