1. General Provisions
1.1. This document, addressed to any natural person (hereinafter referred to as the Client), is an official offer of Maxim Service (hereinafter also referred to as Maxim) and contains all essential conditions for the provision of information services focused on registering the Client’s Order in the software-information complex and communication of the Order´s follow-up status to the Client (hereinafter also referred as The Offer).
1.3. Maxim hereby provides free information services focused on registering the Order in the software-information complex and the communication of the Order follow-up status to the Client (The Offer). Maxim does not provide the actual transportation services, which are associated with the passenger and luggage transportation, freight transportation or any other transport services to the Client by itself; Maxim is solely an operator communicating the Order to the person responsible for providing the transportation services (hereinafter also referred as The Carrier).
1.4. Maxim can modify the Terms of Service when it is deemed necessary. Such modifications will become effective after publication of revised Terms of Services policies in the Software-Information Complex and in Taxi Maxim’s official website.
1.5. Please read the text of The Offer attentively and before using the services; should you disagree with any terms and conditions thereof, you are kindly advised to refrain from using Maxim’s Services.
2. The Offer Terms and Conditions
2.1. The terms and definitions used to perform the conditions of the Offer:
2.1.1. “Services” shall mean information services focused on receiving, processing and transmission of the Client’s order to the Carrier and communicating the Order follow-up status to the Client. The Service does not provide the Сlient with transportation services or any other transportation services. Maxim service shall be the agent of the Carrier for accepting payments from the Client via Internet acquiring and other e-payment methods. Payments from the Client’s Personal account is deducted on behalf of the Carrier as a fee for the services rendered by the Carrier to the Client.
2.1.2. “Order” shall mean a Service Order processed by the System and provided to the Carriers.
2.1.3. “Carrier” shall mean a person, who has purchased the database license from Maxim Service, containing present time details of the call for transportation of passengers and luggage and/or transportation of freights and assumed the contract commitment to convey the Client and deliver luggage, cabin to a point of destination, as well as to transport the freight assigned by the Client and hand it in to a designated recipient.
2.1.4. “My Profile” shall mean a page on the official Maxim website and/or Application, containing statistics of the scope of Services provided and current status of the Client’s personal account. It is required to at least share the Client’s telephone number to register My Profile. Please refer to the Privacy Terms in Taxi Maxim’s official website to understand the management of Client’s data and disclosure of information to The Carrier: http://cl.taximaxim.com/term/.
2.1.5. “Personal account” shall mean a secure account, where advance payment of the Client and amounts of cash deducted (written off) from these payments (corresponding to Taxi Maxim’s fee for Services) are captured. The Personal account has a unique number and is generated by Maxim Service. Please refer to the Security Terms in Taxi Maxim’s official website to understand the security protocol in place for payment processing, payment instrument data handling, transmission and storage: http://cl.taximaxim.com/term/.
2.1.6. “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.
2.1.7. “Client” shall mean a person placing the Order for transportation services via Maxim Service.
2.1.8. “Route” shall mean a vehicle route between the departure and destination points.
2.1.9. “Advance” shall mean the acceptance of the Order for transportation with a minimum of 60 minutes in advance involving arriving of a vehicle at the time specified by the Client.
2.1.10. “Current order” shall mean the order assuming arrival of a vehicle “as soon as possible”.
2.1.11. “Mobile app” shall mean the computer software installed on the Client’s mobile phone and integrated into Maxim software-information complex, allowing computerizing the Orders generation process via the Internet.
3. Subject of the Offer
3.1. Maxim hereby provides free information services focused on the transmission of the Order to the Carrier and communicating the Order follow-up status to the Client.
4. Manner of Services
4.1. The Client hereby accepts this Offer conditions by addressing to Maxim to book a vehicle 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 is 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-information complex on a free-of-charge basis, by granting access to the software-information complex to the Carrier, who selects the Order and notifies Maxims of its choice accordingly with mentioning the arrival time under such Order. Maxim hereby exclusively guarantees to enter the Order into the software-information complex. The Carrier is responsible for transportation.
4.5. Maxim informs the Client that a vehicle has arrived mentioning its brand, model, color and plate number.
4.6. Maxim may accept the advance vehicle booking Orders. Whereby the Carrier is responsible for arrival of a vehicle tune on time, which was notified by Maxim on advance vehicle booking Order. Arrival of a vehicle in this case is not guaranteed.
4.7. Maxim reserves the right to refuse to provide services to the Client, who disagrees with the conditions of this Offer, without explaining any reason for such refuse.
4.8. Telephone calls between the Client and Maxim are recorded for the purpose of internal control of Maxim’s activities and quality control of execution of the Orders.
4.9. In order to improve quality of services provided, as well as to ensure real-time interaction between the Client and the Carrier, the Client may inform Maxim of the cases of violation of the Client’s rights by the Carrier by addressing a problem using the electronic feedback service or in writing to Maxim’s address. In this case, Maxim notifies the Carrier about the problem received from the Client, shares the Client’s telephone number to the Carrier, as well as the content of the Client’s problem. Further this conflict is settled between the Client and the Carrier without participation of Maxim. The content of this paragraph does not and cannot be deemed to be interpreted as acceptance of the obligation in respect of compensation for harm either in kind or cash, pay out and/or acceptance of any other obligations by Maxim, which are not covered herein. In some cases Maxim may voluntarily accept to compensate for the Client.
4.10. While collecting and processing Client’s personal data, Maxim is guided by the article 100 of Chilean Law 18.045, as well as the personal data collection and processing procedure set forth in Chapter 11 herein.
4.11. Should the Client have any questions related to specification of Services, he needs to consult Maxim before placing the Order.
4.12. 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 (Viber, WhatsApp, Telegram and similar) 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 mobile carrier.
5. Maxim’s Responsibilities
5.1. Maxim shall register the Client’s order in the software-information complex and communicate the Order follow-up status to the Client on a free of charge basis.
5.2. Maxim shall inform the Client in case of induced vehicle delay.
5.3. Maxim shall inform the Client if it is not possible to provide a vehicle.
5.4. Maxim shall credit the Client’s advance payments to the Personal account in due time.
5.5. Maxim shall transfer payments from the Client’s Personal Account to the Carrier’s Personal Account at the Client’s request.
5.6. Maxim shall timely detect and prevent efforts of unauthorized access to information provided by the Client and / or sharing it with the persons, who have no direct relation to execution of the Order.
6. Client’s Responsibilities
6.1. The Client shall order Services considering the time required to provide a vehicle.
6.2. The Client shall consider the number of seats and volume of the vehicle’s trunk, as well as the need to provide the carriage in case of a carrying of an animal.
6.3. The Client shall truthfully and accurately communicate the Client’s telephone number, time and vehicle arrival address, its type, route and required transportation conditions.
6.4. The Client shall use a vehicle provided according to its intended purpose.
6.5. The Client shall keep a vehicle clean and tidy through the entire duration of the trip.
6.6. The Client shall not carry illegal goods (such as alcohol, drugs, nuclear or chemical contents, explosives, malodorous, pathogenic, weapons and etc) in the Carrier's car.
7. Payments settlement between the Client and the Carrier
7.1. Maxim hereby provides services to the Client, which subject is specified in this Offer, on a free of charge basis.
7.2. Settlement for passengers and luggage transportation services, as well as freight transportation services is carried out directly between the Client and the Carrier. Maxim communicates the cost of passengers and luggage transportation services and freight transportation services to the Client. The specified cost is calculated on the basis of fares applicable by the Carrier, who has accepted the Order. Informing the Client about the final cost of services does not indicate and may not be deemed that the transportation service is provided by Maxim.
7.3. A form of settlement for passengers and luggage transportation services and freight transportation services is directly agreed by the Client and the Carrier without Maxim’s participation.
7.4. Maxim does not give the Client and the Carrier any instructions regarding the form and procedure of making payments for the passengers and luggage transportation services, freight transportation services.
7.5. Maxim ensures technical capability of payment for the passengers and luggage transportation services, freight transportation services by the Client in the following forms:
7.5.1. Advance payment in the self-service terminal by cash crediting to the Client’s Personal account;
7.5.2. Wire transfer using bank cards (if the technical capability is available).
7.6. When making settlements between the Client and the Carrier through the advance payment or wire transfer using bank cards, Maxim is the agent of the Carrier acting on behalf of and at the expense of the Carrier in the part of accepting cash from the Client. Maxim assumes the obligations of the Carrier’s agent only with regard to ensuring receipt of cash from the Client.
7.7. Maxim accepts:
7.7.1. Bank credit cards Visa, Mastercard, Diners Club International or American Express, issued in Chile and processed through Transbank Network.
7.7.2. Bank Debit Cards for the Redcompra® system, issued in Chile by national banks. The payment with debit cards will be made through WebPay, which is an electronic payment system that is responsible for making the automatic charge to the user's bank account.
7.7.3. Bank Credit Cards Visa, Mastercard, Diners Club International or American Express, issued abroad and processed via SHETAB.
7.7.4. Bank Debit Cards issued abroad and processed via SHETAB
7.8. To get the possibility to make payment for the Carrier’s services through wire transfer using bank cards, it is required to register in My Profile, as well as to attach the bank card to the Client’s Personal Account.
7.9. Wire transfer payment using the bank cards is carried out in accordance with Normative 1-7 of the Chilean Banking Superintendence. Security of data shared by the Client is ensured through the compliance of the procedures with the requirements of the Central Bank of Chile and other related binding laws and regulations and no one, including Maxim, can receive them. The bank card details are entered on the bank’s secure payment page - acquirer, which ensures the possibility of cashless payment for services.
7.10. To confirm the possibility of payment via wire transfer using the bank cards, cash amounting to the cost of the relevant transportation services, may be reserved on the client’s bank card at the time of placing the Order. If the Client cancels its Order placed, as well as in some other cases, when the Client was not provided the transportation services, cash reserved on the Client’s card is returned to the Client.
7.11. Should the Client change the scope of the transportation services requested (change of the route, provision of additional fee-based services to the Client by the Carrier and etc.), the corresponding cost is subject to recalculation and be paid by the Client in accordance with the scope of services actually provided.
7.12. The Client and the Carrier have the right to agree on any other forms of payment for the provision of passengers and luggage transportation services, freight transportation services, which are not set forth in this Offer, including payment for services in cash and in any other ways not contradicting the legislation in force.
7.13. The Carrier has the right to set payment for the provision of the following additional services to the Client, namely:
7.13.1. Stand-by for more than 5 minutes upon notifying the Client on vehicle arrival;
7.13.2. Transportation of large-sized luggage in the vehicle’s truck.
7.14. The Carrier has the right to fix a penalty, if the Client refuses from the trip after the Carrier’s vehicle arrived at the address mentioned by the Client. The penalty amount is determined by the Carrier.
7.15. Maxim shall inform the Client of the fares fixed by the Carrier for the provision of additional services and penalty. In this case payment for the provision of additional services, the penalty is paid directly to the Carrier in the form agreed by the Client and the Carrier.
7.16. Maxim 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 Carrier opened in Maxim.
7.17. Maxim shall be the customer of the services on the promotion of its product (service Maxim), and the Carrier shall be the contractor promoting the product of the customer. Within this relationship the Carrier shall render free carriage or carriage at a reduced cost at the expense of Maxim. The funds for the trip shall be credited to the personal account of the Carrier opened in Maxim.
7.18. Maxim shall be the supplier of information services granting licenses for access to the order database to Carrier. Funds for the license shall be deducted from the personal account of the Carrier opened in Maxim.
7.19. Any positive balance of the personal account of the Carrier shall deem indebtedness of Maxim to the Carrier.
7.20. Any negative balance of the personal account of the Carrier shall deem indebtedness of the Carrier to Maxim for the services rendered by it.
7.21. The Carrier 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.
7.22. The Carrier shall be an independent economic entity and he is solely and completely responsible in regard to tax and insurance issues.
8. Responsibility of the Parties
8.1. The Parties shall be responsible for breach of their obligations hereunder subject to the Chilean legislation.
8.2. Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not belonging to Maxim.
8.3. Maxim is not responsible for a complete or partial interruption in the provision of Services related to replacement of hardware, software or other attempts required to maintain Maxim’s performance and development of 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 enjoyment of Services.
8.5. Maxim is not responsible for the Carrier’s failure to perform his duties.
9. Disputes Settlement
9.1. The Parties (the Client and The Carrier) shall settle down any disputes and disagreements associated with this Offer by way of negotiations.
9.2. If it is not possible to settle down the disputes by way of negotiations, they shall be settled subject to the current laws of Chile.
10. Special Conditions
10.1. Agreeing with the conditions of this Offer in this wording, the Client expresses his consent to receive information messages as well as promotional information (including messages received via Internet messengers (Viber, WhatsApp, Telegram and similar) distributed via networks for the purposes and cases, where the need for such consent is provided for by the Chilean laws and regulations.
10.2. The Services might be hired out or made accessible to third party content, including publicity that might not be controlled by Maxim. Should the Client or the Carrier choose to engage on third party content, then it is understood that such content might be regulated by a different set of Terms of Service and Privacy Policies. Maxim does not endorse such content and in no case will Maxim be responsible for any third party product or service. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or its corresponding international subsidiaries or affiliates will be third-party beneficiaries in this agreement if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft system. Windows, respectively. These third-party beneficiaries are not part of this contract and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the conditions established in the service conditions of applicable third party beneficiaries.
11. Personal Data Processing Policy
11.1. Maxim collects and processes the Client’s personal data pursuant to the terms and conditions set forth by the article 100 of Chilean Law 18.045 with only commercial purposes associated to the placement of an Order in our system.
11.2. The purpose of collecting and processing the Client’s personal data is formation and execution of the contract between the Client and Maxim, which subject 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 for Services 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 article 100 of Chilean Law 18.045.
11.2.2. The Client’s personal data is stored exclusively on electronic media and processed using the automated personal data processing systems. Please refer to the Security Terms in Taxi Maxim’s official website to understand the security protocol in place for payment processing, payment instrument data handling, transmission and storage: http://cl.taximaxim.com/term/.
11.3. Should the Client place the Order for a vehicle in any possible way, Maxim collects and processes the following Client’s personal data:
11.3.1. Client’s telephone number;
11.3.2. Vehicle’s arrival address (pickup address);
11.3.3. The destination address of the route.
11.4. Should the Client register in His Profile at websites http://cl.taximaxim.com and https://www.taximaxim.com, Maxim shall collect and process the following Client’s personal data:
11.4.1. client’s telephone number;
11.4.2. last name, first name, patronymic of the Client;
11.4.3. date of birth;
11.4.4. Client’s email.
11.5. Only persons having the direct relation to the execution of the Orders have access to the Client’s personal data.
11.6. Maxim shall neither distribute the Client’s personal data nor provide access to them to the third parties without the prior written consent of the Client with the exception of cases, when the provision of personal data is requested by the authorized authorities under the current legislation of Chile.
11.7. The Client’s personal data is destroyed by Maxim in the following cases:
11.7.1. After expiry of three years after provision of services, which subject is set forth in this Offer;
11.7.2. Should the Client revoke his consent for processing of his personal data;
11.7.3. Should the Client personally remove His Profile.
11.8. The Client’s personal data is destroyed beyond their subsequent recovery.
11.9. Maxim takes efforts to prevent the unauthorized access to the Client’s personal data:
11.9.1. assigns the employees responsible for personal data processing;
11.9.2. takes organizational and technical attempts to ensure the safety of the Client’s personal data, namely:
- determines security threats for personal data, when processing them in the personal data information systems;
- ensures the safety of the personal data carriers;
- approves the list of persons having access to personal data necessary to perform their official (employment) duties;
- uses the information security tools necessary to prevent the unauthorized access to personal data.
- evaluates the efficiency of the efforts taken to ensure personal data security;
- provides the detection of unauthorized access cases to personal data and the efforts to be taken;
- restores personal data, modified or destroyed as a result of the unauthorized access to them (if the technical capability of such recovery is available);
- establishes the rules for access to personal data processed in the personal data information system;
- controls the efforts taken to ensure personal data security and the level of protection of personal data information systems.