1. MAXIMA application / application – an application (app) designed for use on a smartphone (such as a mobile phone) or other smart device that is used to find out about MAXIMApromotions, discounts or other offers available at the point of sale, for checking and receiving the loyalty programme AITÄH campaigns, discounts or other offers, and for scanning and/or paying for purchases at points of sale, etc.
2. MAXIMA / seller / owner of the application – MAXIMA Eesti OÜ, registry code 10765896, legal address Aiandi 13/2, 12918, Tallinn, Estonia who enables the customers to use the application (including MAXIMA campaigns, discounts, placing offers on the application and paying at the points of sale) and with whom the user of the application enters into an agreement to use the application upon acceptance of the terms and conditions of the application and the privacy policy.
3. User of the application – a natural person who is at least 18 years old and has downloaded the application to their smart device, has read these terms of use of the MAXIMA application, and the privacy policy of the application. By agreeing with the terms of use, the user of the application confirms that they comply with the age limit set forth in this clause, and accepting the terms of use shall be deemed to be entering into the agreement. User of the application may or may not be a customer. The functionality of the application for persons who are not customers and individuals not participating in the AITÄH loyalty programme is limited.
4. Customer – a buyer who purchases goods from the seller or a participant in the AITÄH loyalty programme.
5. Parties – user and seller of the application together.
6. Point of sale – any MAXIMA store where the seller sells goods and receives payments for purchases through the MAXIMA application.
7. Terms and conditions – these MAXIMA terms of use, which also apply as the terms of the agreement.
8. Loyalty programme AITÄH – the loyalty programme AITÄH of the participants of the loyalty rewards scheme AITÄH organised by the seller.
9. Participant of loyalty programme AITÄH / participant – buyer who participates in a loyalty programme AITÄH organised by the seller.
10. Terms and conditions of loyalty programme AITÄH – the terms and conditions of the loyalty programme AITÄH implemented by the seller, which apply to all participants of the loyalty programme AITÄH.
11. Privacy policy of loyalty programme AITÄH – the privacy policy of the loyalty programme AITÄH implemented by the seller, which applies to all participants of the loyalty programme AITÄH.
12. AITÄH card / card – the loyalty programme AITÄH card issued to the participants of the programme and associated with the application, or a virtual AITÄH card created in the application.
13. AITÄH account – personal account of the AITÄH programme participant of the AITÄH programme, which is related to the AITÄH card and created for the participants of the loyalty programme AITÄH on the website https://www.maxima.ee/aitah or in the application and with the username and password of the protected participant (AITÄH card holder). The loyalty programme AITÄH participant receives individual offers for the account, as well as gives the account the opportunity to manage their personal data and perform other activities according to the functionality of the website or application.
14. Offers – product and service offers of the seller, special offers, promotional items, etc. offered to the user of the application.
15. Personal offers – personal and profiled offers (campaigns based on purchase history or other features), promotional offers, etc. selected and tailored specifically to the loyalty programme AITÄH and offered through an AITÄH account, point of sale checkouts, purchase receipts, phone, e-mail, social networking accounts, and/or other methods which can be used, or by an AITÄH card or some other specific method, and the relevant information or materials provided to the loyalty programme AITÄH participant.
16. Personal data – personal data of the user of the application, which is processed by the seller as described in the privacy policy of the application. If a participant links their AITÄH card to an application account or creates a new virtual AITÄH card in the application, the personal data specified in the privacy policy of the AITÄH loyalty programme.
17. MAXIMA money – virtual loyalty points accumulated in the AITÄH card account, which can be used to cover up to 99% of the purchase amount.
18. Application account – an individual account created by the user of the application in the application. The user of the application creates an account in the application, which is protected by the username and password created by the user of the application. The user of the application receives offers to the account, is given the opportunity to manage their personal data and perform other activities according to the functionality of the application.
19. Privacy policy of the application – the privacy policy of the MAXIMA application, which contains information about the processing of the personal data of the user and other information during the use of the application in accordance with these terms and conditions.
20. Business notices – business information related to the seller and sent to the smart device of the app user to inform them about nearby points of sale, current promotions, discounts, or other benefits.
21. Application notices – information (news, notifications, etc.) related to the application that is sent to the smart device of the user of the application to inform the user of the application about the operation of the application, changes to these terms and conditions, etc.
22. Security code – a four-digit code generated by the user of the application or a biometric security feature of the user of the application (such as a fingerprint) that the user of the application enters or uses when registering or submitting a registration request in MAXIMA application, or when the application is not protected by a security code at the request of the user of the application – at the moment the user confirms/wishes to confirm payment for their purchases at the point of sale.
23. QR code – a unique visual code displayed at the regular or self-serviced checkout of the point of sale, which identifies a specific payment and allows the display of the purchase price at the regular or self-serviced checkout, that the user of the application undertakes to pay for the purchased goods, display discounts applied to the purchase and MAXIMA money received.
1. When downloading an application to your smart device, the user of the application must confirm that you have read the terms and conditions and the privacy policy of the application by ticking the box “I have read the terms of use and the privacy policy of the application and I would like to enter into an agreement for using the application”. The terms and conditions then become a binding legal document – an agreement that sets out the rights and obligations of the parties, the conditions for making and paying for purchases, liability of the parties and other conditions of purchase and sale – for the user and seller of the application. The user of the application, who has not read or accepted the terms and conditions and the privacy policy of the application, is not authorised to use the MAXIMA application.
2. The terms and conditions that the user of the application must read and confirm upon first registration in the MAXIMA application apply to all activities of the user of the application in the application until the updated conditions are published.
3. If an app user chooses to link their AITÄH card to an app account and register their AITÄH account, the relationship between the app user and the seller is further governed by the loyalty programme AITÄH terms and conditions and the AITÄH privacy policy.
4. If the user of the application is not a member of the loyalty programme AITÄH, but wants to join the loyalty programme, the user of the application can read the terms and conditions and the privacy policy of the loyalty programme AITÄH at https://www.maxima.ee/aitah and create a virtual AITÄH card and AITÄH account.
5. Payment (billing) rights for point of sale purchases with the application are only granted to a user who:
5.1. meets the requirements set out in clause 3 of Chapter I of these terms and conditions;
5.2. has linked their AITÄH card to the application account or created a virtual AITÄH card in the application and this AITÄH card is activated (i.e. not blocked);
5.3. has linked its application account to a bank payment card that meets the requirements.
6. The user of the application must confirm their wish to enter into an agreement and give consent (or refuse to give consent) to the processing of personal data of the user of the application for specific purposes in the cases specified in the privacy policy of the application, as well as consent in the cases specified in the AITÄH privacy policy.
7. Ownership of the application and any and all rights, including intellectual property rights, relating to the implementation of the application, the software, the service and third party information, and any modifications, enhancements or derivatives thereof, are the sole property of the seller and/or its licensees and the reproduction, copying, sale or any other use of rights not provided for in these terms and conditions is prohibited.
1. The seller offers the application on an “as is” basis and is not obliged to ensure the correct operation of the application around the clock. The Seller shall be released from liability for damages that may occur due to the failure of the application in accordance with clause 6.9 of Chapter VI.
2. Downloading the MAXIMA application on a smart device is free. The user of the application must download the app on their smart device from the App Store or the Google Play platform.
3. The user of the application must make sure that the MAXIMA application has been downloaded to the smart device and that only the official platforms mentioned in clause 2 of Chapter III of the terms and conditions have been used for this purpose. The user of the application can download the application onto an unlimited number of devices.
4. With the application, the user of the application can:
4.1. check/get general information about points of sale, get information about opening hours and offers at points of sale that apply to all users and customers of the application;
4.2. link your AITÄH card with the application account or create a new virtual AITÄH card and then log in to your AITÄH account, or create a new AITÄH account if the loyalty programme AITÄH user does not have it;
4.3. check the information and offers of the loyalty programme AITÄH and use them at points of sale without a plastic card, when linking your AITÄH card to the application;
4.4. check personal offers, if the user of the application/member of the loyalty programme AITÄH has given consent to receive them, and use them at points of sale without using a plastic card, when linking your AITÄH card to the application;
4.5. use other preferences offered to the user of the application or to the member of the loyalty programme AITÄH when associating your AITÄH card with the application;
4.6. link your payment card to the application account and pay for purchases at points of sale using the application when linking your AITÄH card to the application, i.e. using the payment card attached to the application account (without using a plastic payment card);
4.7. scan purchases at the point of sale using the application and to pay for purchases using the application under the conditions set out in Chapter V of the terms and conditions, when linking your AITÄH card and payment card to the application account;
4.8. check the payments made at MAXIMA points of sale in the application’s account statement, when the user has registered the AITÄH card, when linking your AITÄH card to the application. Information about the payment made is kept for 2 years from the moment of making the purchase;
4.9. make suggestions and submit complaints to the seller.
5. The user of the application is not allowed to:
5.1. create more than one application/AITÄH account in the application;
5.2. associate with the application, any other person’s AITÄH card of the user of the application, AITÄH account or payment card that is not the AITÄH card, AITÄH account or payment card;
5.3. use the app account associated with the AITÄH account on multiple smart devices at once.
6. The Seller may unilaterally add, change (including cancel) or update the features of the application, which will provide users of the application with an updated version of the application at any time. When new features are developed, the customer receives an offer to implement the new features and when using the offered updates, the user of the application expresses a wish to use them.
7. The Seller has the right to unilaterally terminate the provision of services through the application at any time in whole or in part by notifying the user of the application.
8. For the application to work properly, the application must have access to certain types of information on the smart device (smart device operating system and smart device factory model code) of the user of the application, as well as certain smart device features. The user is notified before the application is downloaded to the smart device that to ensure that the application works, the application must have access to certain types of information on the smart device (smart device operating system and smart device factory model code) of the user of the application. If the user of the application does not want the application to have access to this data, the user of the application should not download the application to their smart device, but if the application has already been downloaded before reading these terms and conditions and/or the privacy policy of the application, you must delete the application from your smart device immediately. In this case, the seller cannot guarantee that the application will work on the smart device of the user of the application.
9. With the additional consent of the user of the application, the seller may use the application to send business messages to the smart device (e.g., mobile phone) of the user of the application. For more information about the processing of such personal data, see the privacy policy of the
1. Using the steps provided in the application, the user of the application can link their AITÄH card to the application account and log into their AITÄH account by entering their e-mail address or phone number and the password created for the AITÄH account.
2. The user of the application who does not have an AITÄH card and an AITÄH account, but wishes to create one, must create a virtual AITÄH card and an AITÄH account with their own date of birth, e-mail address or phone number or by entering the verification code sent to your e-mail address or phone number you assigned after reading and approving the terms and conditions and privacy policy of the loyalty programme AITÄH. After creating a virtual AITÄH card and AITÄH account, the user of the application becomes a member of the loyalty programme AITÄH. For more information about the processing of personal data, see the privacy policy of the application.
3. The user of the application must provide a security code for the application account to protect the personal data and MAXIMA money of the user of the application and other information in the application and the AITÄH account.
1. Only the user of the application, who is the owner of the AITÄH card, i.e. the member of the AITÄH loyalty programme, can link their payment card to the application account and pay (bill) for purchases at points of sale using the application.
2. The steps provided in the application allow the user of the application to link their VISA, VISA Electron and MasterCard payment cards (except Maestro), which support the secure online payment function (MasterCard’s SecureCode confirmed by Visa), to their application account, provided the payment card of the user of the application allows secure internet payments. The user of the application can only link one payment card to their app account.
3. During the steps provided in the application, the user of the application is directed to the website of the bank – payment card issuer, where the user of the application must perform the necessary actions (enter login codes and/or security code, etc.). After completing the bank instructions, the user of the application is redirected back to the application.
4. During the steps provided in the application, the user of the application must create a security code to ensure the security of the payment card. The user of the application can use its own biometric data (for example, fingerprint) as a security code. If the user of the application does not create a security code, their payment card cannot be linked to the application account.
5. If the user of the application does not use biometric data as a security code, the security code must consist of four characters. The following cannot be used as a security code:
5.1. several identical numbers in a row (for example, 9999, 2222, etc.)
5.2. numbers in ascending or descending order (for example, 9876, 2345, etch.); and
5.3. pairs of identical numbers that repeat themselves (for example, 0101, 9595, etc.).
6. If the user of the application enters the security code incorrectly 4 (four) times in a row, the application and/or payment function will be blocked for 10 (ten) minutes, i.e. the application user will not be able to perform any operations with the application for 10 (ten) minutes.
7. The Seller advises the user of the application to follow the procedures specified in clauses 1 to 6 of Chapter V of the terms and conditions for linking the payment card to the application account before making the first purchase at the point of sale.
8. The user of the application may pay for the goods at the point of sale by means of the application, if the purchase does not include the excluded items referred to in clause 15.1 of Chapter V of these terms and conditions.
9. The offered goods, their description and purchase prices are determined at the point of sale and in the application. In the event of a difference between the purchase prices determined at the point of sale and the application, the prices determined at the point of sale shall apply.
10. The user of the application can pay for purchases as follows:
10.1. The user of the application scans the purchases using the application and pays for the purchases at the point of sale at the regular or self-service checkout using the application, with a payment card or in cash.
10.2. The user of the application scans the purchases at the self-service checkout and pays for the purchases at the point of sale at the self-service checkout using the application, with a payment card or in cash.
10.3. The cashier scans the purchases at the regular checkout and the user of the application pays for the purchases at the point of sale at the regular checkout using the application, with a payment card or in cash.
10.4. By way of exception from clauses 10.1 to 10.3 of these terms of use; the customer can pay for purchases with a cost starting from EUR 500 (five hundred) only with a payment card or in cash.
11. The customer chooses the payment method at the regular or self-service checkout of the point of sale after scanning the displayed QR code by the user of the application (after scanning the QR code, all benefits of the loyalty programme AITÄH apply). When paying for purchases by the user using the application:
11.1 the user of the application makes a choice of payment method at the self-service checkout or notifies the cashier of the point of sale at the regular checkout of its wish to pay for purchases using the application;
11.2. the user of the application selects the “Mobile payment” function at the self-service checkout or notifies the cashier of the regular checkout of the point of sale and confirms the invoice by entering the security code or biometric data.
12. When purchasing a product with a security element, the user of the application receives a corresponding message after the purchase, and to remove the security element, the user of the application must contact the cashier of the regular cash register or the customer service attendant of the self-service checkout.
13. After the user of the application has scanned the QR code and confirmed the payment with the security code, it is assumed that the user of the application and the seller have entered into a sales contract for a specific product.
14. If the application has been used to pay for the goods, a purchase receipt (in paper form) will be issued to the user of the application. A copy of the check will be sent to the application and via e-mail (in electronic form) if the user of the application has given their consent in the application. The customer has the right to refuse to receive purchase receipts on paper by giving the relevant consent in the application. The consent is valid for all purchases made after the consent has been given, until the user of the application expresses the wish to make an appropriate change in the application. The check must show the goods and their quantity, the discounts applied, the final amount of the purchase, including all taxes and other information required by law. The seller also keeps the sales receipts of the goods purchased by the user in the user account of the user of the application for 2 years from the moment of making the purchase.
15. Rights of the user of the application.
15. 1. The user of the application has the right to pay for all goods sold at the points of sale, except for the gift cards offered by the seller and goods and services offered by third parties (e.g. concert tickets, theatre tickets, other events, gift vouchers, transport tickets, utility payments, lottery tickets, etc.)
15. 2. The user of the application has the right to demand the exchange or return of the purchased goods from the seller pursuant to the procedure provided by the legislation of the Republic of Estonia. In the cases prescribed by law, the seller returns the money for the goods purchased using the application only, to the user of the application;
16. User of the application.
16.1. who uses the application, must fulfil the obligations, comply with these terms and conditions and other conditions provided in the application, and must also comply with the legislation of the Republic of Estonia.
17. Seller has the right to:
17.1. check (direct the purchasing control) at the point of sale that the name and quantity of the products scanned into the application correspond to the products actually placed in the shopping trolley/basket or other packaging at any time;
17.2. modify, suspend, or terminate all or part of the functionality of the application, and change the layout of elements in the application;
17.3. suspend or terminate the functionality of the application;
17.4. restrict or suspend the access of the user of the application to the application and, in certain cases, immediately and without notice cancel the AITÄH account of the user of the application if the user of the application attempts to compromise the stability and security of the application or fails to fulfil its obligations;
17.5. to not allow the user of the application to pay for purchases through the application if the user of the application intends to pay for the items excluded by the application in accordance with clause 15.1 of Chapter V of these terms and conditions;
17.6. check the age of the application user at the point of sale when purchasing age-restricted goods. Using the application, the customer has the opportunity to confirm their age by authenticating themselves with Mobile-ID or Smart-ID when purchasing age restricted goods:
17.6.1. When scanning age-restricted goods with the application, the application will offer the customer the opportunity to confirm their age using Mobile-ID or Smart-ID. To do this, the customer shall enter his/her personal identification code in the application and authenticate themselves by using Mobile-ID or Smart-ID.
17.6.2. The application checks the personal identification code entered by the user and, depending on which solution the user used to authenticate themselves, verifies the identity of the person with Mobile-ID or Smart-ID and confirms the user’s age when purchasing age-restricted goods.
17.7. exercise other rights of the terms and conditions and the legislation of the Republic of Estonia.
18. Seller is required to:
18.1. enable the user of the application to use the functionality of the application in accordance with the terms and conditions set out in the terms and conditions;
18.2. perform other obligations in accordance with the terms and conditions and the legislation of the Republic of Estonia.
1. The user of the application only uses the application for their personal needs and ensures the protection of the security code and biometric security features on their smart device so that third parties cannot access and/or use the security code and biometric security features of the application user.
2. The user of the application must ensure that third parties do not have access to their smart device and application. If the features of the application are used by a third party who has logged into the application using the login details and security code of the user of the application, it is assumed that the application is/has been used by the application user.
3. The user of the application shall:
3.1. use the application in accordance with the terms and conditions and in good faith;
3.2. provide the seller with correct and accurate information and update such immediately in case of any changes;
3.3. ensure measures to protect the security code and security measures;
3.4. ensure that the smart device in which the application is installed is locked and protected; not to leave the running application unattended and available to third parties; not to transfer to third parties and not give third parties access to the application, application account, passwords and security code;
3.5. if you suspect that the username, password, or security code of the application account has become known to a third party, change the security code and/or AITÄH account password immediately, but if this is not possible, immediately notify the seller or the person designated by the seller;
3.6. notify the seller immediately about the loss, theft or misappropriation of the smart device upon becoming aware of the unauthorised use of the smart device or application.
4. The user of the application is responsible for all actions performed using the AITÄH card, application, smart device or AITÄH account.
5. The user of the application is obliged to use the original operating system provided and supported by the smart device, as well as the standard equipment received with the smart device. The user of the application is obliged to install the operating system and software updates offered on the smart device and to follow other instructions of the manufacturer of the operating system, software and application. If the user of the application installs another operating system on their smart device or changes integrated standard permissions and security features, the risk of the application malfunctioning, including risk to the security of the data stored in the application, may increase. The seller shall not be liable for any breach of security of the operating system or smart device and any resulting damage, including in cases where the user of the application does not follow the above instructions.
6. If it is not in conflict with the legislation in force in the Republic of Estonia, the seller shall be released from any liability if the damage has occurred:
6.1. due to the actions and activities performed by the user of the application with the help of the application and by violating these terms and conditions;
6.2. due to inaccurate and incorrect data provided by the user of the application;
6.3. due to the failure of the user of the application to read these terms and conditions and the privacy policy of the application, due to the recommendations of the seller and failure to fulfil the obligations of the user of the application, if such option was provided to them;
6.4. due to actions or inactions of third parties, or due to access to an application or personal data, including damage resulting from failures or disruptions of electronic communications and electronic communications networks;
6.5. due to circumstances arising from the relationship between the payment card provider and the user of the application;
6.6. due to illegal activity, gross negligence, fraud or malicious activity of the user of the application;
6.7. due to loss of control of the smart device or loss of the smart device;
6.8. due to operating system failures of the smart device;
6.9. if for any reason, a user of the application cannot log into the application or for any other reason the smart device, program or operating system used by the application stops working, or the application does not work as expected by the user of the application, or services are not provided in a timely manner due to viruses, attacks or other third party (e.g. software, operating system, operators, etc.) activities;
6.10. due to force majeure as defined in the legislation in force in the Republic of Estonia.
7. The seller has the right to make improvements in the application to eliminate the identified deficiencies, even if this activity may/will cause temporary interruptions in the provision of services to the user of the application. Under special circumstances and for good reasons, the seller may make improvements to the application and information system at any time. In this case, the deficiencies must be eliminated as soon as possible.
8. The seller has the right to refuse to accept and execute requests or instructions of the user of the application and to refuse to serve the user of the application in special circumstances and for justified technical or other reasons, as well as in cases where the seller considers the risk unacceptable.
1. At its discretion, the seller may place advertisements and offer games in the application.
2. By paying for purchases at points of sale using the application, the user of the application collects MAXIMA money in the AITÄH account, according to the terms and conditions of the loyalty programme AITÄH. The collection, use and validity period of MAXIMA money are set out in the terms and conditions of the loyalty programme AITÄH.
3. In accordance with these terms and conditions, the terms of the loyalty programme AITÄH, the terms of the privacy policy of the application, and the privacy policy of the loyalty programme AITÄH, the seller will send application notices and offers to the user of the application.
4. The user of the application can send questions to the seller and request inquiries with the contact information provided in the Help and Feedback sections of the application, by calling the free helpline (E–R 8.00–17.00) 800 2121 or by writing to the e-mail address klienditugi@maxima.ee.
The seller processes the personal data of the user of the application in accordance with the procedure provided in the privacy policy of the application or the privacy policy of the loyalty programme AITÄH.
1. These terms and conditions are drafted in such a way that the seller can change them unilaterally. The terms and conditions shall be governed by the legislation of the Republic of Estonia.
2. The seller has the right to unilaterally make changes to the terms and conditions at any time by notifying the user of the application 1 (one) month in advance via the application or the website of the seller www.maxima.ee.
3. If the user of the application does not agree with the changes made by the seller, the user of the application may refuse to use the application, delete the account of the application and terminate the agreement in accordance with clauses 5 and 6 of this Chapter.
4. If the user of the application does not exercise the right to terminate the agreement referred to in clause 1 of Chapter II of the terms and conditions before the effective date of the terms and conditions and continues to use the application after its effective date, the user of the application is presumed to agree to the changes.
5. The user of the application can always stop using the application by deleting the application from their smart device.
6. In order to close down the application account and cancel the agreement specified in clause 1 of the Chapter II of the terms and conditions, the user of the application must submit a written application to the seller. After the application account is closed down and the agreement is terminated, the data of the user of the application will be stored in accordance with the privacy policies specified in Chapter VIII of the terms and conditions.
7. The seller has the right to unilaterally terminate the use of the application by the user of the application in the following cases:
7.1. if the seller has been notified of the loss, theft or misappropriation of the smart device;
7.2. if the seller has received a notice of termination from the user of the application, which has been submitted in accordance with the procedure provided for in clause 3 of Chapter XI of the terms and conditions;
7.3. when the seller has stopped providing services through the application;
7.4. if the seller protects their legitimate interests;
7.5. in other cases provided in the privacy policy of the application or these terms.
8. All disputes arising out of or in connection with these terms and conditions shall be settled by negotiation. If no agreement is reached, disputes shall be resolved pursuant to the procedure provided for in the legislation of the Republic of Estonia.
9. If the application user does not agree with the content of the response of the seller to the written complaint of the user of the application, the user of the application (natural person/consumer) may submit an application/complaint about the goods purchased through the application to the Consumer Protection and Technical Regulatory Authority, Endla 10a, Tallinn 10142, or electronically. Helpline: 667 2000
