License agreement

Annex to the TERMS OF SERVICE

LICENSE AGREEMENT 

(LICENSE AND INTELLECTUAL PROPERTY)

This License Agreement forms part of the Terms of Service published on the website: https://legal.taximaxim.com/?country=PH&intl=en-US. For all intents and purposes, the terminologies used herein are to be construed and understood in the same manner in the Terms of Service.

1. Subject to the provisions of the Terms of Service, the User is provided a personal license to use the Application and access information displayed and contained in the Application. Such license shall be revocable by MAXIM, non-transferrable, and non-exclusive. 

2. It is understood that rights not expressly extended or provided to the User are hereby reserved by MAXIM. 

3. The license of a Partner is further broadened and expanded to include access to further features of the Application necessary to accept, reject, cancel, and/or complete Orders from Clients. Such feature is non-extendable to Clients who have not been screened and permitted access to these extra features of the Application as a Partner.

4. MAXIM categorically reserves the right to suspend, limit, impede, or prevent the User from using the Application should it possess legal, actual, or factual basis to do so including, but not limited to, breach of this Agreement, improper, unlawful, or illegal use of information found in the Application, and other valid and legal causes provided for by law and public policy. 

5. The User acknowledges that MAXIM is the holder of the rights to the Application, Service, its registered trademark, associated logos and commercial symbols, source codes, software, applications, the associated applications, and such other intellectual properties related to the Service provided herein (“IPs”). The User further acknowledges that its right to use the IPs is derived solely from this License agreement and the Terms of Service and is limited to the conduct of dealings by the User pursuant to and in compliance with the Terms of Service, License Agreement and all applicable standards, specifications, and operating procedures prescribed by MAXIM from time to time during the term of the License Agreement. Any unauthorized use of the IPs by the User is a breach of this license agreement and an infringement of the rights of MAXIM to the IP.  The User acknowledges that all usage of the IPs by the User and any goodwill established by the User’s use of the IPs shall inure to the exclusive benefit of MAXIM and its affiliate and that this license      agreement, the Terms of Service does not confer any goodwill or other interests in the IPs upon the User.

6. The User shall not, at any time during the term of the Terms of Service or after its termination, contest the validity or ownership of any of the IPs or assist any other person in contesting the validity or ownership of any of the IPs. All provisions of this Agreement applicable to the IPs apply to any additional trademarks, commercial symbols, software, and applications authorized for use by MAXIM during the effectivity of the Terms of Service.

7. The User shall not use any of the IPs or any portion thereof as part of any corporate or trade name, or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form.  The User shall not use any IPs in connection with the sale of any unauthorized product or service or in any other manner not expressly authorized in writing by MAXIM. The User shall give such notices of trademark, copyright, and/or patent registrations as MAXIM specifies and obtain such fictitious or assumed intellectual property registrations as may be required under applicable law.

8. If it becomes advisable at any time, in MAXIM’s sole discretion, for either of the Parties to modify or discontinue use of any of the IPs, and/or use one or more additional or substitute trademarks, other commercial symbols, software, and applications, the User shall comply with MAXIM’s directions within thirty (30) days after notice to the User, and MAXIM shall have no liability or obligation whatsoever with respect to the User’s modification or discontinuance of any of the IPs.

9. For the license and authority granted to Partners, they understand, agree, and undertake to pay a fee for such access      to MAXIM (the “Subscription Fee”). The Subscription Fee shall be a percentage deduction of the Partner’s expected income for the completion of the Order. The amount of the Subscription Fee is determined for every Order and is available to be seen in the Application. Such Subscription Fee will be charged and be made payable every acceptance of an Order made by a Partner. 

10. The Partner further agrees that the Subscription Fee shall be automatically debited from the selected Personal Account of the Partner. The Subscription fee shall be made on a prepayment basis by topping up the Personal Account by the Partner in the amount personally determined by the Partner.

11. A Partner having an inadequate or insufficient balance in any of their Personal Accounts to cover the Subscription Fee shall not be allowed to accept any Order from any Client. The computation of the Subscription Fee may be changed by MAXIM unilaterally. The Partner shall be informed of such changes through the Application. 

12. Free use for Clients. The Client shall not be charged or assessed any fee or amount for the use of the Application or provision of the Service.

13. Registration Procedure. Subject to the Privacy Policy and Terms of Service, the following registration procedures must be followed.

A. The User must undergo and complete the registration procedure on MAXIM’s website either independently through the Internet or at the closest MAXIM office.

B. Registration shall be understood as the full and unconditional adhesion to the terms and provisions of the License Agreement as well as other related policies and agreements prepared by MAXIM.

C. Registration shall be initiated by filling and completing a special form in the website of MAXIM. During the registration process, MAXIM may require you to provide documents confirming the reliability of the specified information. The User is mandated to comply with such requirements otherwise the registration shall be denied.

D. Approval of the registration shall be at the sole discretion of MAXIM. Provision of the documents and information necessary for registration shall not automatically result or provide an unconditional obligation to approve the registration procedure.

E. Registration shall be deemed completed once the User is assigned their respective user identification (login) and password required for authorized access to the Database. Subsequently, the login and password are sent by MAXIM to the mobile phone number specified by the User during the registration process.

F. MAXIM may require you to provide the registration documents and Partner’s photo repeatedly after the registration, when MAXIM has a reason to believe that login and password is disclosed to a third party. Grounds and regularity for this type of verification are determined by MAXIM.

14. The Partner is granted a limited right to use MAXIM’s tradename for the purpose of distributing advertising of the ordering methods. The Partner is obliged to pay a fee for using of such limited right by using his Personal account.

15. The Partner is entitled to independently carry out actions aimed at promotion (advertising) of their phone number and other ways of executing orders. Such promotions may include the placing of Advertising Materials on their vehicles. In this case, the Partner shall be solely liable for compliance of the advertising (including its content and placement) with the requirements and regulations of the current legislation including the securing of permits from LTFRB and other pertinent agencies. This provision does not apply to cases of placement of advertisements of MAXIM on the basis of contracts under which MAXIM acts as an advertiser.