General terms and conditions for the use of the Maxim services
PLEASE READ CAREFULLY ALL CONTENT BEFORE ACCESSING OR USING THE SERVICES:
SECTION 1. GENERAL PROVISIONS
1.4. This document should be read carefully, as well as any additional terms that may apply to certain services, such as conditions for a particular event, activity or promotion, and such additional terms will be posted on the official websites and mobile application in connection with the respective Services. These additional terms are complementary and considered an integral part hereof for the purposes of the respective Services. If you disagree with any of their terms, you are entitled to refuse the services offered by Maxim.
1.5. Maxim may change the Terms relating to the Services at any time. Amendments will be effective when the Service posts the updated version of the Terms at this location or the updated terms or Additional Terms. Your continued access or use of the Services following such posting represents your consent to be bound by the amended Terms.
1.6. The terms and definitions used to execute the terms of this contract are as follows:
1.6.1. Service Partner is a person who provides services to the Client independently and for its own account.
1.6.2. "Order" means a request placed in the Mobile Application containing information about the demand for the provision of services.
1.6.3. "Driver/Partner" means a person who provides services to the Client independently, is the user licensed as a driver of a motor vehicle, duly legalized for individual passenger transportation, registered in Maxim to get intermediation, through its Application, requests for rides and provide, through its own contract, transportation service.
1.6.4. "Profile" means a page on the official website of the Maxim Service, containing statistical information about the scope of services provided. To register the Profile, it is necessary to provide at least the Customer's subscriber phone number data.
1.6.5. "Personal Account" is the account where advance payments from the Client are recorded and the amounts of funds deducted (written off) from these payments as payment for the services.
1.6.6. “Personal Account Balance” means a difference at a certain time point between the amounts deposited and debited from the Personal Account.
1.6.7. "Customer" means a private individual who requests services through the website or mobile application.
1.6.8. "Route" means a vehicle route between the starting and destination points.
1.6.9. "Scheduled Order" means a request for service, accepted at least 60 minutes in advance, and assuming the possibility of providing the service at the time specified by the Customer.
1.6.10. "Current Order" refers to an order that assumes that the service will be provided as soon as possible.
1.6.11. "Mobile Application / Application" means the program/system installed on mobile devices intended to intermediate orders for their execution, informing customers of the progress of the service.
1.6.12. "Platform" refers to the set of components of the Service.
1.6.13. “LGPD”: It is the General Law of Data Protection in force in Brazil (Law No.13.709/2018).
1.7. Through the website or the Mobile Application, the Client can make a request for the intermediation of the following services, provided independently by registered drivers (the list of services may vary in the different cities where the platform operates):
1.7.1. Transportation of passengers and luggage in a passenger vehicle;
1.7.2. Transportation of cargo and objects;
1.7.4. Loading and unloading operations;
1.7.5. Parcel and goods delivery;
1.7.6. Designated driver services;
1.7.7. Courier e Delivery.
SECTION 2. SUBJECT OF THE CONTRACT
2.1. These Terms define the conditions of use of the website and mobile application Maxim, which provides up-to-date information on passenger and luggage transportation requests, including delivery of goods and merchandise. It is a paid individual private transport intermediation, not open to the public, for individual or shared trips requested exclusively by users previously registered in the Maxim Service.
2.2. The Service does not perform any of the activities listed on the Platform; it is only an intermediary and performs intermediation of individual private remunerated transportation of passengers, as per Article 4, "x", of Federal Law 12.587/2012, between Customers and registered drivers, who are autonomous providers of the services listed, mainly transportation of passengers, luggage, cargo or any other transportation services.
Therefore, MAXIM IS NOT A SUPPLIER OF GOODS, NOR A PROVIDER OF TRANSPORTATION OR LOGISTICS SERVICES, NOR A CARRIER, AND ALL THESE TRANSPORT OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT PARTNERS, WHO ARE NOT EMPLOYEES OR REPRESENTATIVES OF MAXIM OR ANY OF ITS AFFILIATES.
2.3. Subject to the performance of these Terms, the Maxim Service grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to use the Services for the purpose of: (i) accessing and using the Applications on your personal device, solely for your use of the Services; and (ii) accessing and using any related content, information and material that may be made available through the Services, in each case, for your personal, non-commercial use. Any rights not expressly granted by these Terms are reserved to Maxim and its affiliated licensors.
SECTION 3. PROCEDURE FOR THE USE OF INTERMEDIATION SERVICES
3.1. The Client must agree and adhere to these terms to request services through the Platform.
3.2.1. Customers will be responsible for the content, veracity and reliability of the information provided during the Registration and the execution of Orders.
3.2.2. The use of personal data and means of payment owned by third parties is prohibited. In case of finding such use, the Service is entitled to block the corresponding account within the application.
3.2.3. If the Customer uses payment methods owned by third parties and there is a refund request, the Service has the right to conduct its own investigation (including review of previous rides and actions taken within the Application). The Service may also block the account under internal investigation until a final decision is made.
3.2.4. In any case of reversal/chargeback requested by the cardholder (be it founded or not) the Service is entitled to withhold from the Client's personal account such amount and/or all additional fines charged by the financial institution. The Service may block the account of the user with a negative balance caused by the above-mentioned means, with the access being restored after full compensation of the Service's damages.
3.2.5. In case of repeated refunds and/or any monetary damages, the Service has the right to collect the corresponding amount from the Customer through legal means.
3.3. Once the Order is placed, the Customer's data shall be recorded in the Service's database. The Service shall not change or edit the Customer's data without his/her consent.
3.4. The Service will place the Order on the hardware and software system free of charge and will grant access to the hardware and software system to Partner who will select the Order and notify the Service of its choice, specifying the time of execution, transfer or arrival for the selected Order. In doing so, the Service will only ensure that the Order is entered into the hardware and software system. Partner will be responsible for delivering the service.
3.5. The Service must inform the Customer about the procedure and characteristics of the service provided, specifying all the essential information necessary for the correct and proper execution of the service by the Partner.
3.6. Maxim Service can accept requests through scheduling. The Partner will be notified in advance of the request and will be responsoble for its execution on the scheduled date.
3.7. The telephone calls made with Customers can be recorded for internal Maxim Service control, for quality control or in case of requests from public entities.
3.9. In order to improve the quality of the services provided, as well as ensure real-time interaction between the Customer and Partner, the Customer may inform the Service of cases of violation of the Customer's rights by Partner by contacting the Service, by electronic means, feedback form, or in writing at the establishment of the Service. In this case, the Service shall notify Partner of the complaint received from Customer, share Customer's telephone number with Partner, as well as the contents of Customer's complaint. Further dispute resolution should ideally be conducted between the Customer and Partner without the involvement of the Service. The contents of this Clause shall not and cannot be considered as the acceptance by the Service of any obligations to compensate damages in kind or in money, pay damages and/or acceptance by the Service of other unspecified obligations.
3.11. You are responsible for acquiring and updating the equipment and devices that are required to access and use the Services and Applications and any updates thereto. Maxim does not warrant that the Services, or any part thereof, will work on any particular equipment or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
SECTION 4. SERVICE DUTIES
4.1. The Service shall place the Customer's Order free of charge on the hardware and software system and inform the Customer of the acceptance and fulfillment of the Order.
4.2. The Service must provide the Application that allows the intermediation via connection of the Customer with the registered Partner to provide the transport.
4.3. Should maintain the smooth running of the application to the greatest extent possible and provide service channels to help resolve Partner and Customer queries.
4.4. When possible the Mobile Application shall inform the Customer about cases of delay or problems in providing the service.
4.5. The Service shall inform the Customer about the cases of impossibility to provide the service.
4.6. The Service shall credit the Customer's advance payments to the Personal Account.
4.7. The Service shall protect and ensure to keep the data and information registered as secure as possible that may be accessed by employees of the Service or key partners for the operation of the application, for internal controls, or disclosed to the authorities when required by law.
4.8. Maxim can refuse or suspend the registration if Clients do not meet the minimum requirements necessary for the exercise of the intermediated activities and required by law.
SECTION 5. CUSTOMER DUTIES
5.1. When requesting a service, the Customer must take into account the number of seats, the volume of the trunk of the vehicle, as well as packing items that may be required. The Application intermediates and informs the Customer of the value of the service provided as described in item 6.2.
5.2. The Customer must specify his/her telephone number, travel route, time and address for providig of the service, as well as, if applicable, the type of vehicle and required transport conditions.
5.3. After the order placed by the Customer is accepted by one of the registered Partners, the Customer is committed to use the requested service, and, in case he cancels or does not use it, he will be subject to penalties/fines calculated proportionally to the order value, which will be informed in the application.
5.4. Customer must perform his/her obligations to Partner, including but not limited to the payment for the services rendered.
5.5. The Customer may not authorize third parties to use his/her Account or receive transportation or logistics services from Independent Partners on his/her behalf, unless they are his/her companions. You may not assign or otherwise transfer your Account to any other person or entity.
5.6. The Customer shall comply with all applicable laws when using the Services and may only use the Services for legitimate purposes (e.g. not to transport illegal or hazardous materials). The Customer may not, when using the Services, cause annoyance, inconvenience or damage to the property of the driver partners or any other third party. In certain situations, the Customer may be required to provide proof of identity to access or use the Services, and he/she agrees that he/she may be denied access to or use of the Services if he/she refuses to provide proof of identity.
5.7. The Customer must obey traffic legislation, using a seat belt on all trips, under penalty of being held liable if there is an accident during a trip.
5.8. The Customer, whenever using the Services, must make sure that he/she is not forgetting or abandoning any object or luggage inside the vehicles used in the transport, and cannot take possession of anything that may have been forgotten, since, being an intermediation, Maxim is not responsible for objects eventually forgotten, found and/or lost in the transports.
SECTION 6. ADJUSTMENTS BETWEEN CUSTOMER AND PARTNER
6.1. The use of the Mobile Application is licensed and allows the Customer to connect with a Partner driver who provides individual passenger transport service. The application acts only as an intermediary between a customer and the partner driver.
6.2. Payment for providing the services will be made directly between the Customer and the Partner. The Service shall inform the Customer of the cost of providing the services. The specified cost will be calculated on the basis of the rates applied by the Partner who accepted the Order for execution. Rate setting by Partners is dynamic, depends on many factors (road and highway network condition, traffic congestion, time of day, year, service demand dynamics, weather conditions, etc.) and may imply difference in rates for homogeneous services at different times. Reporting the price through the Platform does not imply that the intermediated service will be provided by the Platform.
6.3. The method of payment will be determined exclusively by the Customer, from among the admitted options. The Service will charge the driver a fixed fee of R$0.10 (ten cents) per ride, relating to the use of the technological service, which allows the use and licensing of the software made available, and this amount may be passed on to the Customer.
6.4. The means of payment will be defined by the Customer at the time of the order, and indicated through the Platform/Application, being prohibited to agree or demand any amount different from that indicated.
6.5. The Service shall not give the Customer any instructions on the method and procedure of payment for the services provided, but may offer technical means for facilitating payment using the following methods:
6.5.1. Cashless payment using bank cards;
6.5.2. Inclusion of Balance in the Personal Account, by transfer, bank debit, or other allowed means.
6.6. If the Customer uses the methods set out in clause 6.5, the Service will act as an intermediary for the Partner on behalf and at the expense of the Partner in terms of receiving funds from the Customer and guaranteeing payment through the Platform.
6.7. Cashless payment using bank cards must be made by credit or debit cards from Visa, MasterCard and Elo payment systems.
6.8. The registration of the Profile, as well as the linking of a bank card to the Customer's Personal Account number, will be necessary to obtain the possibility to pay for the Partner's services by cashless payment using bank cards
6.9. Cashless payment with bank cards must be made according to the rules of international payment systems, on the principles of confidentiality and payment security. The bank card data must be entered on the secure payment page of the Platform, in the Customer Profile.
6.10. To confirm the possibility of cashless payment using bank cards, funds in the amount of the cost of the corresponding services can be reserved on the Customer's bank card at the time of placing the Order. In case of cancellation of the Order placed by the Customer, as well as in other cases of non-provision of services to the Customer, the funds reserved on the Customer's card will be returned to the Customer. In cases of cancellation or non-use of orders already placed and accepted, the Customer will be subject to penalties/cancellation fee calculated in proportion to the order value and will be informed in the application.
6.11. Should the Customer change the scope of the services requested, the cost will be subject to recalculation. The Order shall be paid by the Customer in accordance with the scope of services actually rendered.
6.12. The Customer and the Partner are entitled to agree on other forms of payment for the provision of the services, not stipulated in this contract, including payment for the services in cash and by other means not contrary to the legislation in force.
6.13. Partner is entitled to set a fee for providing additional services to Customer, including, but not limited to, waiting for Partner to perform service for more than five minutes, transporting large items, etc.
6.14. Maxim Service is entitled to set a penalty if the Customer cancels or fails to show up to the requested order, after the Partner has already been notified to provide the service. The amount of the penalty will be ascertained and reported in the application or website.
6.15. The price applicable in certain geographic areas may, where appropriate, (i) include fees, duties and/or governmental taxes payable on your behalf, including tolls or airport fees, rates of the route taken by the Independent Partner, the place of departure and/or destination of travel or, and applicable law, and (ii) increase substantially when the offering of services by Independent Partners is less than the demand for such services.
6.16. You understand and agree that when Service Maxim acts as an intermediary between the customer and the partner and the passenger, this may result in additional taxes and fees (municipal, state and/or federal), according to Brazilian law, being charged in addition to the cost of the trip. This may result in an amount different from that shown on the mobile application and actually charged. The passenger is responsible for payment of taxes and the Maxim Service is not responsible for the calculation, withholding and transfer of such taxes.
6.17. The Service may at any time provide certain users with promotional offers and discounts that may result in different amounts being charged for the same or similar Services as those obtained through use of the Services, and you agree that such promotional offers and discounts, unless also offered to you, shall have no effect on the applicable Fees. The Customer may choose to cancel its request for services or goods from an Independent Partner at any time prior to the arrival of that Independent Partner, in which case a cancellation fee may apply.
6.18. Customer understands and agrees that while you are free to make additional payments as extra value to any partner drivers providing services or goods through the Services, you are under no obligation to do so. Extra value is voluntary.
SECTION 7. RESPONSIBILITIES OF THE PARTIES
7.1. The Parties are held liable for the non-fulfillment of their obligations according to the legislation of the Federative Republic of Brazil.
7.2. The Maxim Service is not responsible for any interruptions in the provision of services in case of failures of software, hardware, internet signal or telephone not belonging to the application.
7.3. The Maxim shall not be responsible for total or partial interruptions in the provision of services related to the replacement of hardware, software, or performing other work necessary to maintain the operability and development of the technical means of the Service.
7.4. The Maxim shall not be liable for direct damages, loss of profits incurred by the Client as a result of the provision of the services requested.
7.5. The Maxim shall not be liable for the failure of the driver partner to fulfill its obligations.
7.6. If intermediation services are provided by a Franchisee, the latter will be solely responsible for any damages caused to partner drivers and/or customers, and the Franchiser cannot be held liable under any circumstances.
7.7. The partner driver of the Service is fully liable to the Customer for the loss or damage of the freight accepted for delivery, or for the poor performance of the service.
7.8. The Service's partner driver may refuse to continue the trip if the Customer refuses to wear a seat belt and/or other protective equipment.
7.9. IMPORTANT: Maxim is not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, moral damages, or property damages related to, associated with, or arising out of any use of the services even if the Maxim has been advised of the possibility of such damages.
7.10. IMPORTANT: Maxim is not responsible for any damage, liability or loss resulting from:
(i) the use of the services or your inability to access or use the services/sites/applications; or
(ii) any direct transaction or relationship between you and any Independent Partner,
(iii) delays or failures arising from causes beyond the reasonable control of the service, nor for the quality and integrity of goods made available by independent partners or deficiency of local public safety (thefts, robberies, harassment, loss of baggage or objects by the user, etc.);
(iv) is not responsible for the weather or the routes taken by Partners;
(v) for any items found, lost or forgotten in the vehicles of independent partners;
(vi) eventual damage or loss caused by partner drivers linked to the Franchised company or customers who have been served by drivers associated with the Franchised company, under penalty of, in the event of liability, the filing of the appropriate action for recourse against the responsible party.
7.11. The Service does not provide online cartography services and uses maps published in open public sources. The Service is not responsible for the designation, accuracy and reliability of the description of any geographic object. The Service does not express any geopolitical views, does not participate in the establishment of state borders, and the Service's use of maps created by third parties will not be considered acceptance by the Service of their geopolitical views. The Service is not and cannot be held responsible for the actions of government authorities or private entities in any country.
8. DISPUTE RESOLUTION PROCEDURE AND JURISDICTION.
8.1. Maxim makes available a customer service structure, composed of contact tools and a specialized support team for the treatment of complaints with the objective of avoiding the judicialization of controversies that may eventually arise from your use of the Services.
8.2. The Parties shall resolve any controversies and disagreements related to the performance of this contract primarily through the support tools made available by Maxim as the primary means of resolving disputes arising from your use of the Services. If no result is achieved, the Parties shall seek resolution by appropriate out-of-court dispute resolution means such as: Negotiation, Mediation and Conciliation.
8.3. In the last case, if it is not possible to solve any disputes by extrajudicial means, the parties elect the forum of the city of São Paulo/SP to solve any issues that may arise from this contract, applying the Brazilian Law.
SECTION 9. SPECIAL TERMS
9.1. Signing up for the Maxim Service does NOT establish any labor, employment, corporate, association or social security relationship, directly or indirectly, between Maxim and its users, as Partners and Customers are absolutely free to use mobile applications licensed by companies other than the Maxim Application.
9.2. The Service does not own or offer a fleet of vehicles of any kind, providing exclusively intermediation services with the objective of facilitating communication between customers and registered partner drivers of the mobile application.
9.3. Maxim may send notices by general notices in the Services, cell phones, Application, e-mail to registered e-mail addresses, or by written communication sent to the address indicated in your Account.
9.4. By agreeing to the terms of this contract, the Customer expresses his consent to receive information messages, as well as promotional information (including messages received via WhatsApp, Telegram, and the like, as well as the Mobile Application itself) distributed through communication networks.
9.5. By registering on Maxim Services, Driver Partners and Customers commit not to discriminate or disrespect each other for any reason, and must always maintain a posture of mutual respect and inclusiveness, under penalty of being excluded or canceled from the application.
9.6. The Service may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits in connection with the Services and/or Independent Partner services, subject to any additional conditions that Maxim establishes for each such promotional code ("Promotional Codes").
9.7 It is prohibited to: (i) remove any copyright, trademark or other proprietary right notice from any part of the Maxim Services; (ii) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, display, convey, transmit or otherwise exploit except as expressly permitted and authorized; (iii) decompile, reverse engineer or disassemble the application or sites, except as permitted by applicable law; (iv) link, mirror or crop any portion; (v) make or launch any programs or scripts for the purpose of unduly burdening or impairing the operation and/or functionality of any aspect; or (vi) attempt to gain unauthorized access to the sites and applications or impair any aspect of your systems or related networks of the Maxim Services.