Public Offer

Public Offer

1. General Provisions
1.1. This document, addressed to any person (hereinafter the “Client”), is the official offer of Maxim Service (hereinafter the “Service”) and contains all essential terms for the provision of Services intended to register the Client’s order in the Service’s Mobile Application and provide the Client with information on the tracking status of the order.

1.2. In accordance with the legislation in force in the Republic of Colombia, this document constitutes a public offer. To use this Service, the Client and/or Partner must accept this policy of use, license, and privacy under the rules established herein. These Terms of Use can be found on the Service’s official website: https://legal.taximaxim.com.

1.3. The Client has the right and obligation to read and accept the Service’s Privacy Policy regarding the processing of personal data, published at https://legal.taximaxim.com.

1.4. The Client is obliged to read the text of these Terms of Use carefully. If the Client does not agree with any of their provisions, they shall not be entitled to use the offered Service.

1.5. The following terms and definitions shall be used in these Terms of Use to fulfill their conditions:
1.5.1. “Services” shall mean information services based on the receipt, processing, and transmission of the Client’s order to the Partner, and the notification to the Client of the tracking status of the order. The Client may request the service to include, among others, passenger and luggage transport. The Service does not provide Clients with passenger and luggage transportation services or any other service, including cargo and goods delivery. The Service acts as the Partner’s agent to accept Client payments via the Internet and other electronic payment methods. Funds from the Client’s Personal Account are deducted on behalf of the Partner as payment for services rendered by the Partner to the Client;
1.5.2. “Order” means an order processed by the system for services provided by Partners;
1.5.3. “Partner” means a person who independently, at his/her own expense, provides services for passenger and luggage transportation and/or any other service to the Client;
1.5.4. “Profile” means a page on the Service’s official website containing statistics on the scope of services provided by Partners and the current status of the Client’s Personal Account;
1.5.5. “Personal Account” means an account in which the Client’s advance payments are recorded as payment for services, and amounts of funds are debited (passed to profit and loss). The Personal Account has a unique number generated by the Service itself;
1.5.6. “Personal Account Balance” means the difference, at a given moment, between the amount of funds deposited into and deducted from the Personal Account;
1.5.7. “Client” means a person placing an order for a vehicle rental service and/or any other service through the Service;
1.5.8. “Route” means the path taken by the vehicle between the starting and ending points;
1.5.9. “Advance Order” means an order for passenger transportation, vehicle rental with driver, Vehicle Lease Agreements with independent Lessors, and/or any other service, accepted at least sixty (60) minutes in advance, assuming that the vehicle will arrive at the time indicated by the Client;
1.5.10. “Current Order” means an order requiring the vehicle’s arrival “as soon as possible”;
1.5.11. “Mobile Application” means a software program installed on the Client’s mobile device that automates the online ordering process.

2. Purpose of the Terms of Use
2.1. The Service shall provide the Client free of charge with the Services intended to enter an order in the Mobile Application and to inform the Client of its execution.

2.2. On a reimbursable basis, the Service provides mapping services in the Mobile Application.
2.2.1. To use mapping in the Mobile Application, the Client must request information about a location on the map and the route to that location. The request begins when the Client enters information in the address bar and ends with the calculation of a route to the requested location on the map.
2.2.2. The cost of using mapping is calculated by the formula “Use of a request” × “Price per use.” To pay for requests relating to mapping features, the Client shall top up their Personal Account in the Mobile Application, which will be automatically debited during the billing period.
2.2.3. At the end of the applicable billing period, the Service shall electronically invoice the Client for all charges based on the Partner’s use of the Services during the preceding period.

2.3. The Service is not a transportation or delivery company and will not provide the Client with passenger and luggage transportation services or any other service, including the delivery of goods and cargo, acting solely as the operator that transfers an order to the Partner.

3. Procedure for the Provision of Services
3.1. The Client must accept the provisions of these Terms of Use when requesting the Service to book a vehicle by any available means.

3.2. The Client shall be responsible for the content and accuracy of the information provided when placing an order.

3.3. Once an order has been placed, the Client’s data shall be recorded in the Service’s Mobile Application. The Client’s data shall not be altered or revised without their consent.

3.4. The Service shall place the order in the Mobile Application free of charge and shall grant the Partner access to the Mobile Application. The Partner shall select an order and notify the Service of their choice, agreeing on the arrival time for the selected order. Accordingly, the Service shall only ensure the entry of the order in the Mobile Application. The Partner shall be responsible for passenger and luggage transportation and for any other service.

3.5. The Service shall notify the Client of the vehicle’s arrival, specifying the mandatory details of the Partner and their vehicle as required by the relevant rules and regulations.

3.6. The Service shall accept advance orders for the provision of a vehicle. The vehicle’s arrival shall be the responsibility of the Partner, previously notified by the Service of the advance order. However, the Service shall not guarantee the vehicle’s arrival.

3.7. The Service reserves the right to refuse to provide Services to any Client who does not agree with the provisions of these Terms of Use, without stating the reasons for such refusal.

3.8. Telephone calls between the Client and the Service shall be recorded for the internal control of the Service’s activities and for quality control of order execution.

3.9. To improve the quality of the Services provided and ensure real-time interaction between the Client and the Partner, the Client may inform the Service of cases of violation of their rights by the Partner by submitting a complaint via the electronic feedback form or in writing at the Service’s office. In such cases, the Service shall notify the Partner of the Client’s complaint, sharing the Client’s phone number with the Partner as well as the content of the complaint. Any dispute resolution between the Client and the Partner shall then be conducted without the Service’s participation. Notwithstanding the foregoing, the Service shall not in any way be liable for damages caused by the Partner driver. The content of this clause shall not be considered, nor may it be considered, as the Service’s acceptance of any obligation to compensate for damages, either in kind or in cash, to pay compensation and/or as the Service’s acceptance of any other obligations not provided for in these Terms of Use.

3.10. When collecting and processing the Client’s data, the Service shall comply with the Personal Data Protection Law, i.e., Statutory Law 1581 of 2012, and other applicable Colombian laws, as well as the Service’s Privacy Policy regarding the processing of confidential data.

3.11. If the Client has any questions related to the features of the Services, before placing an order, they must consult a customer support specialist of the Service via the official email address.

4. Responsibilities of the Service
4.1. The Service shall place the Client’s order free of charge in the Mobile Application and inform the Client of the order’s execution.

4.2. The Service shall notify the Client in cases of a forced vehicle delay.

4.3. The Service shall notify the Client in cases where it will be impossible to provide a vehicle.

4.4. The Service shall timely credit the Client’s advance payments to their Personal Account.

4.5. The Service shall transfer funds from the Client’s Personal Account to the Partner’s Personal Account at the Client’s request.

4.6. The Service shall promptly detect and prevent attempts of unauthorized access to the information provided by the Client and/or its transfer to persons not directly related to the execution of the order.

5. Responsibilities of the Client
5.1. The Client must book the services taking into account the time necessary for the vehicle’s arrival.

5.2. The Client must take into account the number of seats and the space of the vehicle, as well as the need to equip the vehicle with child restraint systems.

5.3. The Client must provide their phone number, time and address for the vehicle’s arrival, the type of vehicle, the travel route, and the required transportation conditions.

5.4. The Client must use the vehicle provided for its intended purposes.

5.5. The Client must keep the vehicle clean and tidy throughout the entire trip.

5.6. The Client must follow the instructions given by the vehicle’s driver and the Partner, which aim to comply with the applicable safety and traffic regulations. In case of non-compliance, the Partner may refuse to provide the respective vehicle rental.

5.7. The Client shall be responsible for complying with traffic and safety regulations, and in the event of non-compliance, shall be liable for all fines and/or sanctions imposed as a result, and shall indemnify the Partner for any immobilization and/or consequences suffered by the vehicle due to the Client’s infraction.

5.8. In the case of motorcycle rentals with a driver, the Client is obliged to wear the safety helmet provided by the driver throughout the rental period. The Client shall be liable for any civil, contractual, administrative, and/or criminal liability arising from failure to use the required helmet.

6. Settlement of Payments between the Client and the Partner
6.1. The Service shall provide the Client free of charge with the Services, the purpose of which is defined in these Terms of Use.
6.1.1. A commission is charged for the use of mapping under the terms and conditions described in SECTION 2 of these Terms of Use.

6.2. Payment for the provision of vehicle rental services with a driver, including luggage transport and any other service, shall be made directly between the Client and the Partner. The Service shall inform the Client of the cost of the services. The specified cost shall be calculated based on the tariffs applied by the Partner who accepted the order for execution. The information provided to the Client regarding the final cost of services shall not be considered, nor may it be considered, as meaning that passenger and luggage transportation services or any other services are provided by the Service.

6.3. Agreements on services such as passenger transportation with driver, luggage transport, or other services shall be defined directly between the Client and the Partner, without the Service’s involvement in such negotiation.

6.4. The Service shall not provide either the Client or the Partner with any instructions regarding the form and procedure for the provision of passenger transportation with driver or any other services.

6.5. The Service shall provide the technical capability for the Client to pay for passenger transportation with driver, luggage transport and any other services, using the following methods:
6.5.1. Advance payment at a self-service terminal, crediting funds to the Client’s Personal Account;
6.5.2. Cashless payment with bank cards (where technically possible).

6.6. In the case of agreements between the Client and the Partner involving advance payment or cashless payment with bank cards, the Service shall act as the Partner’s agent, acting on behalf of and at the expense of the Partner, with respect to receiving funds from the Client. The Service shall assume the Partner’s agency obligations only for ensuring receipt of funds from the Client.

6.7. Cashless payments with bank cards shall be carried out using Visa or MasterCard credit or debit cards.

6.8. Profile registration, as well as linking the bank card to the Client’s Personal Account number, is required in order to enable the Client to pay for Partner services by cashless payment with bank cards.

6.9. Cashless payments with bank cards shall be carried out in accordance with international payment system rules on the principles of confidentiality and security of payments, and in accordance with the laws of the Republic of Colombia. The security of data provided by the Client shall be guaranteed by compliance of payment procedures with the requirements of the Payment Card Industry Data Security Standard, and no one, including the Service, shall be able to access it. Bank card data shall be entered on the secure payment page of the acquiring bank, which provides the option of cashless payment for services.

6.10. To confirm the possibility of cashless payment with bank cards, funds in the amount of the cost of the corresponding services for passenger transportation with driver, luggage transport and any other services may be reserved on the Client’s bank card at the time of placing an order. In the event of order cancellation by the Client, as well as in other cases where passenger and luggage transportation services or other services were not provided to the Client, the funds reserved on the card shall be returned to the Client.

6.11. If the Client modifies the scope of the services requested for passenger transportation with driver, luggage transport and any other services (change of route, provision of additional paid services by the Partner, etc.), the cost shall be recalculated. The order shall be paid for by the Client according to the actual scope of services provided.

6.12. The Client and the Partner shall have the right to agree on other forms of payment for passenger transportation with driver, luggage transport and any other services, not provided for in these Terms of Use, including cash payment and other means not contrary to the laws of the Republic of Colombia.

6.13. The Partner shall have the right to set a tariff for the provision of additional services to the Client, including:
6.13.1. Waiting longer than the established time period after the Client is notified of the vehicle’s arrival;
6.13.2. Transportation of oversized luggage in the trunk of a vehicle.

6.14. The Partner shall have the right to impose a penalty for the Client’s refusal of the trip after the vehicle has arrived at the address specified by the Client. The amount of the penalty shall be determined by the Partner.

6.15. The Service shall inform the Client of the tariffs established by the Partner for the provision of additional services and of the penalty. At the same time, payment for additional services and payment of the penalty shall be made directly to the Partner in the manner agreed by the Client and the Partner.

6.16. The Service acts as an intermediary between Partner lessors and the Client. Therefore, the Service is not a direct beneficiary of the Client’s payment and shall not derive any general benefit from payments made. Electronic payment for a trip shall be deducted from the Client’s bank card and credited to the Partner’s Personal Account opened with the Service.

6.17. The Service shall be the intermediary for the promoted services (Maxim Service), while the Partner lessor shall be the contractor promoting the Client’s product. In this relationship, the Partner lessor shall perform transportation in accordance with the rates indicated by the Service’s proprietary application, or at a reduced cost at the Service’s expense. Funds for the trip shall be credited to the Partner’s Personal Account opened with the Service.

6.18. The Service shall be the provider of Services that grant the Partner a license to access the Mobile Application. Funds for the license shall be deducted from the Partner’s Personal Account opened with the Service.

6.19. A positive balance in the Partner’s Personal Account shall be considered a debt owed by the Service to the Partner.

6.20. A negative balance in the Partner’s Personal Account shall be considered a debt owed by the Partner to the Service for the Services rendered by the Service.

6.21. The Partner shall have the right to request repayment of the Service’s debt by sending an electronic request; the bank card details shall be specified in the authorized Mobile Application.

6.22. The Partner must be an independent economic entity and shall bear full and exclusive responsibility with respect to tax and insurance matters. Therefore, any negligence by the Partner in fulfilling obligations regarding vehicle safety, insurability, civil and/or tax liability shall be borne exclusively by the Partner, who shall be liable for possible contractual and non-contractual civil liability, as well as for any criminal liability towards Clients and third parties involved.

7. Liability of the Parties
7.1. The Parties shall be liable for failure to fulfill their obligations under this document in accordance with the laws of the Republic of Colombia.

7.2. The Service shall not be liable for interruptions in the provision of Services in the event of software or hardware failures not belonging to the Service.

7.3. The Service shall not be liable for complete or partial interruptions in the provision of Services related to hardware or software replacement, or the performance of other work necessary to maintain the operation and development of the Service’s technical means.

7.4. The Service shall not be liable for direct damages or lost profits incurred by the Client as a result of using the Services.

7.5. The Service shall not be liable for the Partner’s failure to fulfill obligations.

8. Dispute Resolution
8.1. The Parties shall resolve disputes and disagreements related to these Terms of Use through direct negotiation.

8.2. If disputes cannot be resolved through negotiation, they shall be resolved in accordance with the laws of the Republic of Colombia.

9. Special Conditions
9.1. The Service shall have the right to ask its Clients and Partners for consent to receive information about our services and promotions through physical and digital means, such as: email, push notifications, social media messaging applications such as Viber, WhatsApp, Telegram, Instagram, Facebook, among others; in accordance with the processing and protection of personal data provided under Colombian laws and regulations.

9.2. The Client agrees to assume full responsibility for any loss or damage suffered by himself/herself, the Partner, the Service, or any third party as a result of any breach of these Terms of Use.

9.3. The Service may amend these Terms of Use at any time. Such amendments shall take effect once published on the Service’s official website https://legal.taximaxim.com, communicated to Partners and Clients, and subsequently accepted by them. It is the Client’s responsibility to regularly review these Terms of Use.

Service Representative:
Company name: AIST Colombia S.A.S.
Tax ID (NIT): 901.408.204-7
Address: Calle 18, No. 4-55, Office 204, Centro, Risaralda, Pereira, Colombia, 660002
Email: colombia.aist@gmail.com