BackLegal information

Terms of Maxim Database Use for Transportation Companies


Terms of Maxim Database Use for Transportation Companies

(amended on November 29th, 2019)


1. Terms and Definitions

1.1. “Database” shall mean an organized structure constituting the set of materials, hardware, software, firmware, as well as the methods and the algorithms (program code) ensuring interaction between the Database elements, and designated to systemize, store, process, transform the materials in concordance with the Database algorithms. The Databases materials may be accessed through the authorized mobile application.

1.2 “Transportation Company” shall mean an entity, which has signed the sublicense agreement and has received the right to use the Database thereunder.

1.3. “User” shall mean an employee, contractor or partner of the Transportation Company, or another person that has been granted access to the Database by the Transportation Company on the basis of a sublicense contract.

1.4 “Maxim Service” shall mean a legal entity granting the rights to the Transportation Company to use the Database according to the sublicense agreement and granting the rights to the Transportation Company to use the authorized mobile app, which is required to get access to the Database.

1.5. “Authorized mobile application”  (hereinafter referred to as the Mobile app) shall mean a software provided by Maxim Service to the Transportation Company, designated to give a remote access to the Database to the Transportation Company. The usage of the mobile app is subject to a separate agreement between the Parties.

1.6. “Order” shall mean information on demand to perform a certain type of work (provision of a certain type of service), having certain parameters mentioned in these Rules depending on the type of the Order.

1.7. “Cost of the Order” shall mean money paid to the Transportation Company by a person, who has placed the Order.

1.8. “Client” shall mean an individual person, placing the order for Services through Maxim Service.


2. General Provisions

2.1. This document describes the conditions and the manner of granting access to the Database to the Transportation Company and is an integral part of the sublicense agreement signed by the Transportation Company and Maxim Service.

2.2. The acquisition, storage, systemization of information, creation of the Database, as well as legal relations between the Transportation Company and Maxim Service in respect of granting access to the Database are subject to the provisions of related binding Indonesian laws and regulations.

2.3 Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current laws of Indonesia.

2.4. The Transportation Company may use information, access to which it is granted to, at its discretion.

2.5 The database gives the possibility to the Transportation Company to get access to the following materials:

2.5.1. Up-to-date data on existing demand to convey passengers and luggage;

2.5.2. Up-to-date data on existing demand to convey (deliver) of freights (goods);

2.5.3. Up-to-date data on existing demand to carry out cargo handling operations.

2.6. The Database materials on existing demand to convey passengers and luggage contain information on arrival of a vehicle, assigned for conveyance of passengers and luggage, as well as the vehicle time and arrival address, vehicle’s category, conveyance route, passengers’ details, cost of the order and other information, the content of which is set forth by Maxim Service.

2.7. The Database materials on existing demand to convey (deliver) freights (goods) contain information on the time and freight (goods) receipt address, specification of freight (goods), requirements to a vehicle for conveyance of freight (goods), as well as information on the conveyance route, delivery address, contact persons details, cost of the order and other information, content of which is set forth by Maxim Service.

2.8. The Database materials on existing demand to carry out cargo handling operations contain information on the time and freight handlers arrival address, cargo specification, cost of cargo handling operations and other information, content of which is set forth by Maxim Service.


3. Modification of the Rules

3.1. Maxim Service may unilaterally modify these Terms by publishing the appropriate changes on the website and the Transportation Company is obliged to visit the website every two days. These changes take effect within 7 calendar days after their publication on the website and by that time the Transportation Company is deemed notified. The use of the Database after the entry into force of these amendments implies the consent of Transportation Company with these amendments.https://www.taximaxim.com

3.2. Any amendment of the Terms after they take effect shall apply to all persons using the Database, including those persons, who have started using the Database before the date, when such changes took effect. Should he disagree with the amendments made, the Transportation Company shall stop using the Database and inform Maxim Service accordingly about the same, unless it implies his/her/its consent.


4. The Rights and Responsibilities of the Parties

4.1. Maxim Service has the right to:

4.1.1. request the Transportation Company to comply with the conditions of these Terms;

4.1.2. suspend or prohibit access of the Transportation Company to the Database in the manner and subject to conditions set forth in these Terms;

4.1.3. modify these Rules;

4.1.4. record phone calls with the Transportation Company to ensure internal control of the quality of granting access to the Database to the Transportation Company and quality of provision of services for grating such access;

4.1.5. carry out scheduled maintenance in and functional modification of the Database. For a period, while such works are in progress the Transportation Company may be suspended from access to the Database.

4.1.6. take any other actions including but not limited to granting and maintaining access to the Database. The above-mentioned actions must not contradict with any binding Indonesian laws or regulations.

4.2 Maxim Service shall:

4.2.1. grant access to the Database to the Transportation Company and ensure proper performability and functionality of the Database, as well as continuous access of the Transportation Company to the Database except for cases of scheduled maintenance and modification of the Database operation, as well as in cases of malfunction.

4.2.2. timely figure out and prevent any efforts of unauthorized access to the Transportation Company’s data and/or its transfer to the third parties, who do not have a direct relation to the legal relationship between the parties;

4.2.3. not change or edit the Transportation Company’s data without it's consent.

4.3. The Transportation Company has the right to:

4.3.1. request Maxim Service to grant access to the Database of proper quality subject to the conditions of these Terms, including technical and consulting services.

4.4. The Transportation Company shall:

4.4.1. execute any confirmed Order subject to its conditions;

4.4.2. pay for Services provided in respect of granting access to the Database at the price set forth in these Rules;

4.4.3. Should Maxim Service make any pay-outs to the Clients caused by poor quality of services provided by the Transportation Company (Transportation Company’s employees and/or contractors) to the Clients, the Transportation Company hereby obliges to compensate for losses incurred by Maxim Service in this regard. The amount of compensation is considered the debt of the Transportation Company to Maxim Service and shall be monthly withheld by Maxim Service from the Transportation Company income until the debt is fully repaid. Poor quality of Services provided by the Transportation Company is confirmed through the inspections, carried out by the Maxim Service employees, which are initiated on the basis of the Clients requests, the result of which is formalized with the office memos, generated in Maxim Service software-information complex.

4.4.4. immediately notify Maxim Service, should the registration details, provided to Maxim Service at the stage of awarding the sublicense agreement and occurrence of circumstances making it impossible to execute the Orders.


5. Order Cost Evaluation

5.1. The cost of the Order is determined by the Transportation Company.

5.2 The Transportation Company shares the applicable fares to Maxim Service. Maxim Service calculates the cost of the Order based on the details provided by the Transportation Company, considering the parameters of each Order separately.


6. Size of Fee payable to Maxim Service and Settlement Procedure

6.1. The size of the Maxim Service fee for providing access to the database is determined in the form of percentage deductions from the revenue of the Transportation Company.

6.2. The size of the fee for each individual Order is specified in the information about the Order accepted by the Transportation Company for execution, in the authorized mobile application and / or AIST software package, unless otherwise provided in the license contract between Maxim Service and the Transportation Company.

6.3. The size of the fee may be reduced by Maxim Service for a period of promotional offers. In this case reduction of the fee shall be the discount provided by Maxim Service. The discount size as well as conditions to get such discount shall be determined by the conditions of the respective promotional offer.

6.4. The size of the license fee of Maxim Service may be changed unilaterally by Maxim Service. The Transportation Company shall be notified about the change of the size of the license fee of Maxim Service by means of the authorized mobile application and/or AIST software package unless otherwise provided in the license contract between Maxim Service and the Transportation Company.

6.5. The reporting period for the calculation of the actual size of the license fee of Maxim Service shall be 1 (one) calendar month.


7. Procedure for calculation and payment of the Maxim Service fee

7.1. The reporting period under this Contract shall be 1 (one) calendar month.

7.2. During the reporting period, the Users shall replenish their Personal Accounts in the manner prescribed by the Rules How to Use Maxim Service Database posted on the Maxim Service website at https://id.taximaxim.com/en/term/regulations/. Rules How to Use Maxim Service Database shall apply to the Users only in the part governing the use of the Personal Account. The replenishment by the User of his/her Personal Account and/or the execution of the Order shall be considered his/her consent to the Rules How to Use Maxim Service Database.

7.3. Acting as an agent of the Transportation Company, Maxim Service shall deduct from the Personal Accounts of the Users, as they complete their Orders, the fee of the Transportation Company for providing its Users with access to the Database on the basis of a sublicense contract concluded between them. These amounts shall be the revenue of the Transportation Company.

7.4. Maxim Service shall calculate the revenue of the Transportation Company and the corresponding amount of the license fee for the reporting period, payable by the Transportation Company in favor of Maxim Service, not later than 3 (three) work days from the date of the end of the reporting period. This calculation shall be provided to the Transportation Company by means of AIST. Should the Transportation Company agree with the calculation of Maxim Service (Clause 7.7 of these Terms), Maxim Service shall deduct its license fee from the revenue of the Transportation Company, and transfer the remaining amount of the revenue of the Transportation Company to the settlement account of the Transportation Company in fulfillment of its agency obligations.

7.5. MAXIM SERVICE SHALL BE AN AGENT ACTING ON BEHALF AND AT THE EXPENSE OF THE TRANSPORTATION COMPANY ONLY WITH REGARD TO THE DEDUCTION OF THE REVENUE OF THE TRANSPORTATION COMPANY FROM THE USERS' PERSONAL ACCOUNTS AND TRANSFERRING IT TO THE SETTLEMENT ACCOUNT OF THE TRANSPORTATION COMPANY. MAXIM SERVICE SHALL NOT ASSUME ANY OTHER RIGHTS AND OBLIGATIONS OF THE TRANSPORTATION COMPANY. THE REVENUE OF THE TRANSPORTATION COMPANY SHALL NOT AND MAY NOT BE THE REVENUE OF MAXIM SERVICE, THEREFORE MAXIM SERVICE SHALL NOT ACCEPT ANY OBLIGATIONS CONCERNING ITS DEDUCTION AND TRANSFER TO THE TRANSPORTATION COMPANY, AS PROVIDED FOR BY THE LEGISLATION OF THE REPUBLIC OF INDONESIA IN RELATION TO REVENUE, INCOME, PROFIT OR OTHER FINANCIAL PROCEEDS OF THIS KIND RECEIVED BY LEGAL ENTITIES, INCLUDING BUT NOT LIMITED TO, TAX LIABILITIES.

7.6. In fulfilling its agency obligations, Maxim Service is entitled to deduct from the revenue of the Transportation Company the amount of compensation for expenses incurred by Maxim Service when deducting the revenue of the Transportation Company from the Users' Personal Accounts and transferring it to the settlement account of the Transportation Company, but not more than 5% of the amount withheld and transferred for each reporting period.

7.7. Should the Transportation Company disagree with the Maxim Service calculation performed in accordance with Clause 7.4. of these Terms, the Transportation Company shall send its written reasoned objections to Maxim Service within 3 (three) working days from the date of their receipt, upon which the Parties shall jointly consider each point of such objections, and should Maxim Service confirm such objections as reasoned, the recalculation shall be made. Should Maxim Service not receive any written objections from the Transportation Company within the specified period, the calculation shall be deemed accepted by the Transportation Company without objections.


8. Responsibility of the Parties

8.1 Responsibilities of Maxim Service:

8.1.1 Maxim Service is responsible to perform its assumed obligations subject to binding Indonesian laws or regulations.

8.1.2 Maxim Service is not responsible for complete or partial interruptions of access to the Database by the Transportation Company, which are caused by the replacement of hardware and software or some other scheduled works dictated by the need to maintain performability and development of Maxim Service firmware.

8.1.3. Maxim Service is not responsible for the Transportation Company’s failure to get access to the Database in case of the third party hardware or software failures, which do not belong to Maxim Service.

8.1.4 Maxim Service is not responsible for the damage inflicted on the third parties by the Transportation Company resulting from the use of the Database by the Transportation Company.

8.2. Responsibilities of the Transportation Company:

8.2.1. The Transportation Company is responsible to perform its assumed obligations subject to any binding Indonesian laws or regulations.

8.2.2. The Transportation Company shall be solely responsible to the person that placed the Order for the proper execution of this Order, as well as for any damage caused to such a person by the actions of the Transportation Company or its partners;

8.2.3. The Transportation Company is responsible for the damage inflicted on the third parties both in respect of execution of the Order and for the actions that do not concern the execution of the Order. Maxim Service may act as a mediator between the Transportation Company and the person, who placed the Order, to settle down these disputes as soon as possible.


9. Special Conditions and Limitation of Responsibility

9.1. IN CONSIDERATION OF THE CONDITIONS HEREOF, THE TRANSPORTATION COMPANY UNDERSTANDS THAT INFORMATION IT IS GRANTED ACCESS TO HEREUNDER, IS USED BY IT PERSONALLY, FOR ITS OWN BENEFIT AND AT ITS RISK, AND IT MUST ENSURE COMPLIANCE WITH THE BINDING INDONESIAN LAWS AND REGULATIONS

9.2. MAXIM SERVICE SHALL NOT ASSUME ANY OBLIGATIONS IN RESPECT OF COMPENSATION FOR DAMAGE, PARTICULARLY LOST PROFIT INFLICTED ON THE THIRD PARTIES BY THE TRANSPORTATION COMPANY’S ACTIONS.

9.3. MAXIM SERVICE IS NOT RESPONSIBLE FOR THE TRANSPORTATION COMPANY’S DAMAGES, LOST PROFIT SUFFERED BY THE TRANSPORTATION COMPANY BECAUSE OF USE OF THE DATABASE BY THE TRANSPORTATION COMPANY.

9.4. MAXIM SERVICE IS NOT RESPONSIBLE TO THE TRANSPORTATION COMPANY FOR ANY ACTIONS OF THE THIRD PARTIES, WHEN THE TRANSPORTATION COMPANY HAS SUFFERED ANY DAMAGE, INCLUDING LOST PROFIT.


10. Force Majeure

10.1. A force majeure shall be the reason releasing the Parties of their responsibilities. For the purpose hereof the force majeure shall mean circumstances set forth in Indonesia's legal system.

10.2. The Party, which has suffered from force majeure, shall immediately inform the other party in writing (including e-mail and fax) of the force majeure, its type, the potential duration thereof and the obligations, which performance is interfered.

10.3. Should the Party affected by force majeure, fails to inform the other Party in writing or via email thereof, it shall further lose its right to refer to the force majeure as to the circumstance that may release it of its responsibility.


11. Intellectual Property

11.1. The Transportation Company is given a limited right to use “Maxim Service” brand and Maxim® trademark to advertise Order placing options.

11.2. The Transportation Company may independently advertise (promote) telephone number, other options of placing the Order, particularly by placing the promo ads on the Transportation Company’s vehicles. In this case, the Transportation Company is responsible for compliance with the promo ads (including its content and placement) with the requirements and regulations of the current law.