License agreement
LICENSE AGREEMENT
This License Agreement describes how the Maxim Services (collectively hereinafter as “Maxim”, “us”, “our” or “we”) grants the right to use the mobile application(s) operated by Maxim (respectively hereinafter as «Apps»), and our products or features in the Apps, designed to search for orders for the provision of certain services, accept these orders for execution and inform the Customer about the progress of the service. This License Agreement is a form of the End User License Agreement and legal agreement that applies to every User of our Apps which means including but not limited to Drivers and Partners (collectively hereinafter referred to as “User”, “Partner”, “you”, “your” or “yours”).
Unless the Parties have agreed otherwise through the separate Contract, this Agreement is the adhesion contract and is awarded in a simplified manner via adhesion to the terms and conditions of the Agreement posted on the website (https: //legal.taximaxim.com/, hereinafter referred to as MAXIM website).
A User who passed through the registration procedure, described herein, shall be deemed to have accepted the Agreement, which is akin to awarding a civil law contract on the terms and conditions set forth herein. Before passing the registration procedure, carefully read the text of the Agreement. In case of disagreement with any terms, you must refuse to use the Mobile Application.
SECTION I.
GENERAL PROVISIONS
For the purpose of this License Agreement, the below listed terms shall be interpreted as follows:
1. «Maxim»: The company or its subsidiaries or its partners, which are legal entities granting the rights to the Partner to use the Apps, according to the license agreement and granting the rights to the Partner to use authorized Apps, and who focused on receiving, processing and transmission of the Customer’s order to the Partner and communicating the Order follow-up status to the Customer.
2. «Services»: Free information services focused on receiving, processing and transmission of the Customer’s order to the Partner and communicating the order follow-up status to the Customer. The Customer is able to order the service for including, but not limited to: transportation of passengers and luggage, delivery of freights and goods. Maxim does not provide the Customer with services for a transportation of passengers and luggage and any other services, including delivery of freights and goods.
3. «Authorized Mobile Application (Apps)»: A computer program installed on mobile devices and designed to search for orders for the provision of certain services, accept these orders for execution and inform the Customer about the progress of the service.
4. «Partner»: A person who has expressed his/her/its submission to this License agreement and has received the right to use the Apps thereunder.
5. «Customer»: A person who has requested the Maxim Services via the Maxim Apps or the website, and has provided his personal data for this purpose.
6. «Order»: The information placed in the Maxim App and or the website and containing data about the demand for the provision of the Services and having certain parameters, depending on the type of the Services.
7. «Transportation Company»: A legal entity registered in the manner prescribed by the current legislation of the Republic of Indonesia, which possesses all the permits and Apps based - transportation services necessary licenses to operate transportation services by car, including execution of orders received from online transportation services via Apps, and gains the access to the Apps under a separate agreement.
8. «Cost of the Services»: The amount of money paid to the Partner by the Customer for the provision of the Services.
9. «Personal Account»: This shall mean an user account, where payment of the Customer and amounts of cash deducted (written off) from these payments as payment for royalty Services are captured. The Personal account has a unique number and is generated by the Maxim Service.
10. «Personal Account Balance»: The amount of debt (payable and receivable accounts) as of the reporting date.
11. «Royalty»: Compensation for the utilization of the economic rights of a work or related rights of product that received by the creator or the owner of the related rights.
SECTION II.
LICENSE GRANTING
1. MAXIM hereby provides free information services focused on the transmission of the Order to the Partner and communicating the Order follow-up status to the Customer.
2. In accordance with the provisions of this Agreement, MAXIM gives the Partner the rights to use the Apps containing up-to-date information on existing demand for conveyance of transportation services by car or motorbike, delivery services or loading/unloading services, massage and spa services, cleaning services, and any of the services listed in the Maxim Apps or on the Maxim website, on conditions of simple (non-exclusive) license in the manner set forth herein, and the Partner shall pay royalty to MAXIM in the manner and size set forth herein and/or its appendix (appendices).
3. MAXIM grants you non-exclusive, non-transferable, non-sublicensable to install and/or use the Apps (the “License”), for personal purpose, to the extent of necessary for the purpose of use as set out in this License Agreement for such time until either You or Maxim terminates this License Agreement. Updates upgrades, patches, and modifications may be necessary in order to be able to continue to use the Apps.
4. For the purpose of this Agreement, the order-related materials may be accessed through authorized platforms, namely the Apps.
5. Acquisition, storage, systemization of information, order management, as well as legal relations between the Partner and MAXIM in respect of granting access to the Apps are subject to the provisions of regulations which are binding according to Indonesian laws and regulations.
6. The Partner may use information, access to which he/she is granted to, at his/her discretion in the framework of the Order procession and completion.
7. The territory, where the right to use the Apps is provided, is the territory of the Republic of Indonesia.
8. As a result of placing the Order by the Customer and the Partner accepting it on the terms agreed between them, a contract for rendering Services is created, to which MAXIM is not a party.
9. You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Apps commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce or create derivative works of this Apps, in whole or in part; (iii) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices contained on or within Apps.
SECTION III.
REGISTRATION
1. For Partners who provide specific services such as massage and SPA service(s) and/or cleaning service(s), there will be an additional agreement with MAXIM that is the integral part hereof.
2. To get access to the Apps, you need to personally go through the registration process (hereafter referred to as the registration) on MAXIM website on the Internet or locally in MAXIM office.
3. Registration on MAXIM website shall be deemed to be completed and unconditional accession to the conditions hereof.
4. Registration is exercised through filling a special form on MAXIM website. MAXIM may request to provide the documents supporting the authenticity of the data mentioned during registration.
5. Registration is carried out at the discretion of MAXIM. Documents and data required for registration shall not entail the absolute obligation of MAXIM to exercise the registration procedure.
6. The user’s ID (login) and password required to get the authorized access to the Apps is assigned after registration. The user’s ID (login) and password are sent by MAXIM to the phone number, which was mentioned at the stage of registration.
7. MAXIM may, from time to time, request to provide personal data and documents solely for verification of data provided, and the user hereby agrees that MAXIM destroys the personal information after expiry of five years after the user is not active, which subject is set forth in this Agreement, or if there is a request from the Partner to destroy his/her personal information after the personal information is no longer used.
8. MAXIM saves and uses the following data on the persons, who have registered on MAXIM website:
The user’s full name as stated in the ID Card. The Partner specifies his/her name at his discretion and is not modified by MAXIM;
The user’s ID (login);
Brand, color and digits from the vehicle’s registration plate;
Mobile phone number mentioned at registration.
Drivers License
9. By registering on MAXIM website, the Partner hereby expresses his consent to receive promotional ads in any way particularly through the telecommunication channels and Internet messengers (WhatsApp, Telegram, Viber and similar) for the purposes and in cases, when such consent is required according to binding laws.
10. The Partner may use the Apps in the following manner:
Acquire information from the platform and use such information in his/her business, particularly provide access to such information to the third parties (his/her employees, contractors etc.)
The Partner must not, completely or partially, reproduce the platform and the Apps in any format and by any means;
The Partner must not modify the platform and the Apps, including but not limited to translating from one language to another;
SECTION IV.
RIGHTS, RESPONSIBILITIES, AND GUARANTEES OF THE PARTIES
1. MAXIM hereby guarantees that:
it possesses performance of this Agreement by the Parties shall not entail the violation of any third parties’ intellectual rights;
it is not bound by any contract that can prevent the Partner from using the Mobile Application on the terms set forth in this Agreement;
it has the sufficient scope of rights to fulfill its obligations under this Agreement;
it has not performed and will not perform any actions making it impossible for the Partner to use the Mobile Application on the terms set forth in this Agreement.
2. MAXIM has the right to:
Request the Partner to use the Apps in the manner and form set forth herein;
Similar to this Agreement, award agreements for assignment of rights to use the Apps with the third parties, particularly on the same territory, where the rights to use the Apps is given to the Partner;
Suspend access to the Apps to the Partner, should the Partner violate the conditions and fee payment due date for MAXIM – until the fee is paid by the Partner;
Suspend access to the Apps of the Partner, should MAXIM receive the documents evidencing the Partner’s illegal use of the Order information. MAXIM suspends access to Apps of the Partner based on the effective judgments, regulations, which prove the fact of violation by the Partner. These documents shall be submitted in the original or in copies certified by the appropriate court. Access of the Partner to the Apps shall suspended till Partner clears all violations disclosed;
Record phone calls with the Partner to ensure internal control of the quality of granting access to the Apps to the Partner and quality of provision of services for granting such access;
Carry out scheduled maintenance in and functional modification of the Apps. For a period, while such works are in progress the Partner may be suspended from access to the Apps;
Suspend access to the Apps to the Partner, if there is an identity as mentioned in Section III, point 8 that is not appropriate on the Application or in other words the Account used by the Partner is not his/her Account, as well as in the investigation of alleged criminal acts;
take any other actions including but not limited to granting and maintaining access to the Apps. The above-mentioned actions must not contradict with any binding Indonesian laws or regulations;
Suspend or discontinue access to the Apps of the Partner for any plausible reason.
3. Towards the Partner, MAXIM shall:
Provide smooth and continuous functioning of the Apps for the Partner throughout the period of the Agreement except for cases of scheduled maintenance and modification of the Apps, as well as in cases of malfunction;
Give the right to the Partner to use the Apps;
Timely account the Partner’s payments on his/her Personal account.
Timely figure out and prevent any efforts of unauthorized access to the Partner’s data and/or its transfer to the third parties, who do not have a direct relation to the legal relationship between the parties;
Not change or edit the Partner’s data without his/her consent.
4. The Partner has the right to:
Request MAXIM to grant access to the Apps of proper quality subject to the conditions of these provisions, including technical and consulting services;
Use the Apps in the manner and form set forth herein;
Request MAXIM to immediately resolve any problems, preventing the use of the Apps.
5. The Partner shall:
Execute the accepted Order in accordance with its conditions;
Pay the Royalty according to this Agreement;
In the event that MAXIM makes any payments to Customers caused by the poor-quality provision of services by the Partner (employees and/or contractors of the Partner) to Customers, the Partner undertakes to compensate for losses incurred by MAXIM in connection with this, without prior notification to the Partner. The Penalties for the reporting period are considered the Partner’s receivables, which are offset as a matter of priority when the Partner replenishes the Personal Account. The poor-quality provision of services provided by the Partner is confirmed by the check carried out by MAXIM employees, initiated on the basis of requests from Customers, the results of which are documented in internal memos generated in the MAXIM software and information complex;
Immediately notify MAXIM in case of changing the registration details provided to MAXIM earlier, as well as upon the occurrence of circumstances making it impossible to execute and complete orders. (The Partner shall immediately provide detailed information to MAXIM in the event of any changes and/or errors in the personal data provided to MAXIM during the registration process, including any events and/or circumstances in which may render the Partner to unable executing an order and/or complete an order)
use the appropriate road safety equipment while driving or on the road;
only use a Vehicle in good operating condition and meets the industry safety standards for Vehicles of its kind;
obey all local laws related to the operation of Apps based - passenger delivery service and will be solely responsible for any violations of such local laws;
not contact the Customer for purposes other than in connection with the Service;
bear the standard telecommunication charges that may apply when responding to the Customer in the framework of this Agreement execution;
keep the Personal account password or any identification which allows access to the Service secure and confidential. Otherwise, the Personal account shall be blocked.
6. MAXIM is not responsible for:
complete or partial interruptions of access to the Apps by the Partner, 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 firmware.
the Partner’s failure to get access to the Apps in case of the third-party hardware or software failures, which do not belong to MAXIM.
the Partner’s damages, lost profit suffered by the Partner because of use of the Apps by the Partner.
the damage inflicted on the third-parties by the Partner resulting from the use of the Apps by the Partner.
any interruptions in the provision of Services in the event of software or hardware failures not belonging to MAXIM.
a complete or partial interruption in the provision of Services related to replacement of hardware, software or other attempts required to maintain MAXIM’s performability and development of hardware subject to prior notice of the Customer.
direct damages, lost profit incurred by the Customer as a result of enjoyment of Services.
the Partner’s failure to perform his duties and any damages suffered by the Customer due to such failure.
SECTION V.
ORDER COST, ROYALTY, AND SETTLEMENT
1. The cost of the Order is determined by the Partner and must comply with national or local tariff regulation set by the regulator/government.
2. The Partner agrees the applicable cost of the Order based on the parameters of each Order separately. Settlement for passengers and luggage conveyance Services and freight conveyance Services is carried out directly between the Customer and the Partner. Maxim only communicates the cost of Order to the Customer. Informing the Customer about the final cost of services does not indicate and may not be deemed that the conveyance service is provided by Maxim.
3. The cost of the Services can be increased by the Customer.
4. During cashless settlements between the Customer and the Partner, the Partner herein agrees that MAXIM is the agent of him acting on behalf of and at the expense of the Partner in terms of accepting funds from the Customer to credit them to the Partner’s Personal account.
5. The payment of royalty shall be made by the Partner.
6. After completion of each order in the Partner’s Personal Account the record about payable or receivable accounts shall be reflected.
7. Replenishment of the Personal Account can be carried out by balance top up by means of bank cards, through self-service terminals, by transferring funds to the settlement account.
8. The size of the royalty payable to MAXIM for granting access to the mobile app(s) shall be determined as percentage deductions of the Partner’s income (earnings).
9. The size of the fee payable to MAXIM is determined for every order separately and shall be specified in the information about the Order provided on the Apps for Partners.
10. In case Maxim shall be the customer of the services on the promotion of its product (service MAXIM), and the Partner shall be the contractor promoting the product of the customer. Within this relationship the Partner shall render free carriage or carriage at a reduced cost at the expense of Maxim. The funds for the trip shall be transferred to the personal account of the Partner opened in Maxim.
11. The cost of the Order and/or the size of the royalty may be reduced by Maxim for a period of promotional offers. In this case reduction of the royalty shall be the discount provided by Maxim. The discount size as well as conditions to get such discount shall be determined by the conditions of the respective promotional offer.
12. The Positive balance of the personal account of the Partner shall deem creditor indebtedness of MAXIM to the Partner.
13. The Negative balance of the Personal Account of the Partner shall deem indebtedness of the Partner to MAXIM for the services rendered by it.
14. The Partner 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 authorized mobile application.
15. Should the Partner gain the access not directly from MAXIM but on the basis of an agreement concluded between the Partner and any Transportation Company, MAXIM shall have the right, acting as an agent of the corresponding Transportation Company, to deduct the royalty of this Transportation Company from the Personal Account of the Partner in the amount provided for by such agreement.
16. The Partner shall be an independent economic entity and he is solely and completely responsible before tax and insurance issues.
SECTION VI.
FORCE MAJEURE
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.
2. The Party, which has suffered from force majeure, shall immediately inform the other party in writing of the force majeure, its type, the potential duration thereof and the obligations, which performance is interfered.
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.
SECTION VII.
DISPUTE SETTLEMENT
1. The Parties shall take efforts to amicably settle down any disputes and disagreements thereunder by way of negotiations.
2. The complaint response time and documents submission time for amicable settlement of disputes and disagreements shall not exceed seven (7) business days once the Party has received such a complaint and/or the need to submit these documents has originated.
3. Should it be not possible to settle disputes and disagreements by way of negotiations, the disputes and disagreements shall be settled subject to current Indonesian binding laws and/or regulations.
SECTION VIII.
JURISDICTION AND CROSS BORDER TRANSFER
Your data can be stored and processed in any country, state and city where we have facilities or in which we engage service providers. By accepting your consent to the transfer of information to countries outside your country of residence, which can have data protection rules that are different from Indonesia. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in other countries may be entitled to access your data.
SECTION IX.
DONATIONS TO THE INDONESIAN SAFE AND PROSPER DRIVER FOUNDATION
1. The Service is an information partner of the Indonesian Safe and Prosper Driver Foundation and is entitled to represent the interests of the Indonesian Safe and Prosper Driver Foundation.
2. The Service shall represent the interests of the Indonesian Safe and Prosper Driver Foundation under the terms established in the agreement concluded between them.
3. Charity programs of the Indonesian Safe and Prosper Driver Foundation are posted at https://ypssisocial.org/.
4. Acceptance of the terms of this Agreement by the Partner means the Partner’s consent to cooperate with the Indonesian Safe and Prosper Driver Foundation, under which all Partners and Customers are potential donors and are entitled to claim to receive funds and other charitable support from the Indonesian Safe and Prosper Driver Foundation.
5. Acceptance of the terms of this Agreement means the Partner’s consent to the terms of implementation of charity programs by the Indonesian Safe and Prosper Driver Foundation, as well as the Partner’s voluntary consent to make donations to the Indonesian Safe and Prosper Driver Foundation.
6. By accepting this Agreement, the Partner confirms that it/he/she has read the contents of the charity programs posted on the website of the Indonesian Safe and Prosper Driver Foundation, the Articles of Association of the Indonesian Safe and Prosper Driver Foundation and the terms of the Partner’s interaction with the Indonesian Safe and Prosper Driver Foundation set forth in this License Agreement. The Partner undertakes to read this information and shall bear the risk of adverse consequences that may arise for the Partner without taking the information into account.
7. The Partner and the Indonesian Safe and Prosper Driver Foundation shall authorize the Service to provide information and technical mediation, to ensure exchange of information between them, and to fulfill instructions.
8. The Partner voluntarily makes multiple, generally monthly donations to the Indonesian Safe and Prosper Driver Foundation at the Partner’s expense by giving instructions (orders) to the Service during the entire period of using the Mobile Application. In order to execute these instructions, the Service shall be vested with all the necessary powers of the Partner.
9. The Partner shall receive all the information about transactions and payments made in favor of the Indonesian Safe and Prosper Driver Foundation through the Partner’s Profile registered on the website of the Service (hereinafter – the “Profile”).
10. Under the Program, the Partner shall authorize the Service to transfer any information about the Partner to the Indonesian Safe and Prosper Driver Foundation, as well as to accept information about third parties.
11. The Partner shall give multiple instructions (orders) to the Service to carry out information and technical interaction with the Indonesian Safe and Prosper Driver Foundation, to calculate, to determine the amount, purposes and grounds for the Partner’s donations as agreed with the Indonesian Safe and Prosper Driver Foundation, to display the calculation in the Partner’s Profile, to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation on behalf of the Partner.
12. In accordance with the terms of this License Agreement, the Partner shall make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation by means of the Partner’s instructions (orders) given to the Service on the basis of this Agreement. The Service carrying out information and technical interaction with the Indonesian Safe and Prosper Driver Foundation, shall execute the Partner’s instructions (orders) systematically and (or) each time it receives information about the interest of the Indonesian Safe and Prosper Driver Foundation in collecting donations, the Service shall calculate the amount of donation and make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation on behalf of the Partner.
13. The Partner is assumed to approve transactions and payments made by the Service in favor of the Indonesian Safe and Prosper Driver Foundation until the Partner cancels the instruction (order) to perform transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation.
14. The Partner shall repeatedly instruct the Service to debit funds from the Partner’s Personal Account or the Partner’s bank card on the basis of a donation to the Indonesian Safe and Prosper Driver Foundation. In this case, the Partner stipulates that the Partner’s donations are used by the Indonesian Safe and Prosper Driver Foundation in any proportions, for any purposes and on any grounds solely at the discretion of the Indonesian Safe and Prosper Driver Foundation, whether to finance charity programs or to allocate funds to generate non-operating income, or to incur organizational and operating expenses related to the support of the Indonesian Safe and Prosper Driver Foundation, or to incur administrative and management expenses, or to perform any other actions provided for by the Articles of Association of the Indonesian Safe and Prosper Driver Foundation.
15. In case of each donation, transactions and payments of the Partner in favor of the Indonesian Safe and Prosper Driver Foundation shall be made by the Service on behalf of the Partner.
16. Under each instruction (order) of the Partner to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation, such transactions and payments shall include the following information:
donation amount;
transaction date;
other details.
17. The Partner shall cancel instructions (orders) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation by writing a statement “to prohibit the transfer of funds” on the day the debit of funds is displayed in the Profile. Cancellation of instructions (orders) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation can be carried out by other means in cases offered by the Service.
18. An instruction (order) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation is executed, the Partner may cancel the instruction within 24 hours from the moment the relevant information about the debit is displayed in the Profile. The Partner’s failure to provide the above cancellation within 24 hours from the moment of making transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation under the terms of this Agreement shall be deemed final confirmation of the Partner’s instruction (order) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation, given by the Partner to the Service. The request for cancellation of payment shall be considered within 7 days from the date of submission of the request to the Customer Service Representative.
19. The Partner may cancel an instruction (order) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation in case of each debit of funds from the Partner’s personal account or bank card on the basis of a donation in favor of the Indonesian Safe and Prosper Driver Foundation.
20. Instructions (orders) of the Partner to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation shall be executed on the basis of this License Agreement between the Service and the Partner and shall be drawn up in the form of official primary documents and payment orders.
21. Prior to providing the Partner with the possibility of giving instructions (orders) to make a transaction, the Service shall provide the Partner with the possibility of reading the procedure for executing the Partner’s orders (by specifying the link to the website of the Service on the mobile application, placing an offer of the Service on the web resource of the Service, as well as by specifying a link to the website of the Indonesian Safe and Prosper Driver Foundation), including the information:
about the name of the Service and the name of the Indonesian Safe and Prosper Driver Foundation;
about the manner and method of transferring (donating) funds to the Indonesian Safe and Prosper Driver Foundation;
about the ways of filing claims and the procedure for their consideration, including contact details of the Service;
about the Personal Account or bank card from which the funds will be debited;
22. Execution of the Partner’s instruction (order) to make transactions and payments in favor of the Indonesian Safe and Prosper Driver Foundation shall be carried out in three stages: 1) verification of compliance with the conditions on the possibility of making a transaction; 2) reduction of the balance in the Partner’s Personal Account; 3) giving the order for the direct execution of the transaction allowing the Partner to make a transfer to the current account of the Indonesian Safe and Prosper Driver Foundation.
23. The Partner may cancel its/his/her cooperation with the Indonesian Safe and Prosper Driver Foundation at any time. Should the Partner decide to do so, it/he/she will be permanently exempted from the transactions and payments made by the Service in favor of the Indonesian Safe and Prosper Driver Foundation. The Partner shall cancel the cooperation with the Indonesian Safe and Prosper Driver Foundation by writing a request “to cancel the cooperation with the Indonesian Safe and Prosper Driver Foundation”, handing the request over to the Service’s Customer Service Representative, and the request will be processed within 7 days from the date of submission of the request to the Customer Service Representative.
24. The Service shall execute the Partner’s order in accordance with the terms of this License Agreement and the legislation of the Republic of Indonesia.
25. The Service shall carry out transactions in favor of the Indonesian Safe and Prosper Driver Foundation on behalf of the Partner using the details specified in the order.
SECTION X.
INTELLECTUAL PROPERTY
1. The Partner is given a limited right to use “Maxim” brand and Maxim ® trademark to advertise Order placing options, as well as other registered and unregistered trademarks in the Apps are property of third parties or the property of their respective owners .
2. The Partner may independently advertise (promote) telephone numbers, other options of placing the Order, particularly by placing the promo ads on the Partner’s vehicles. In this case, the Partner is responsible for compliance with the promo ads (including its content and placement) with the requirements and regulations of the current law.
SECTION XI.
DATA PROTECTION
The right of the Application granted by MAXIM according to this agreement are for a personal individual and not permitted to assign, transfer, or hand over the Personal Account registered on the Application to any third party.
SECTION XII.
SPECIAL CONDITIONS AND LIMITATION OF RESPONSIBILITY
1. IN CONSIDERATION OF THE CONDITIONS HEREOF, THE PARTNER UNDERSTANDS THAT INFORMATION HE/SHE/IT IS GRANTED ACCESS TO HEREUNDER, IS USED BY HIM/HER PERSONALLY, FOR HIS OWN BENEFIT AND AT HIS RISK. THE PARTNER IS INFORMED THAT SHOULD HE/SHE/IT USE SUCH INFORMATION FOR BUSINESS PURPOSE, HE/SHE/IT SHALL PERSONALLY REGISTER AS A SOLE PROPRIETOR OR ACT AS A LEGAL ENTITY, AS WELL AS ENSURE COMPLIANCE WITH THE BINDING INDONESIAN LAWS AND REGULATIONS
2. MAXIM SHALL NOT ASSUME ANY OBLIGATIONS IN RESPECT OF COMPENSATION FOR DAMAGE, PARTICULARLY LOST PROFIT INFLICTED ON THE THIRD PARTIES BY THE PARTNER’S ACTIONS.
3. MAXIM IS NOT RESPONSIBLE TO THE PARTNER FOR ANY ACTIONS OF THE THIRD PARTIES, WHEN THE PARTNER HAS SUFFERED ANY DAMAGE, INCLUDING LOST PROFIT.
SECTION XIII.
THE CHANGE OR UPDATES OF THIS POLICY
1. In consideration of the conditions hereof, the Partner understands that information he/she/it is granted access to hereunder, is used by him/her personally, for his own benefit and at his risk. The Partner is informed that he/she/it uses such information for his/her/its activity in the framework of Services execution. The Partner understands that he/she/it shall ensure compliance with the binding Indonesian laws and regulations, obtain all appropriate licenses, approvals, permits and go through necessary registration procedures.
2. MAXIM shall not assume any obligations in respect of compensation for damage, particularly lost profit inflicted on the third parties by the Partner’s actions.
3. MAXIM is not responsible to the partner for any actions of the third parties, when the partner has suffered any damage, including lost profit.
SECTION XIV.
DISCLAIMER
MAXIM shall bear no responsibility for the designation and description of any geographic objects, shall not confirm or disprove the legislative compliance, accuracy and reliability of the description of any geographic objects. MAXIM is not a government agency of any country, and not a member of any international agreements. MAXIM does not held any responsibility for the actions of government authorities in any country.
SECTION XV
TERMINATION
The License Agreement is effective from the earlier of the date You purchase, download or use the Apps, until terminated according to its terms. You and Maxim may terminate this License Agreement at any time for any reason. Termination by Maxim will effective upon termination of Your Maxim account or at the time of Maxim’s decision to discontinue offering and/or supporting the Apps. This License Agreement will terminate automatically without notice if You fail to comply with any provisions of this License Agreement.
SECTION XVI.
CONTACTS
If you have any queries or complaints relating to the performance of this License Agreement, or would like to withdraw your consent from the Agreement, you can contact us via email or by phone using the following contact details:
PT Teknologi Perdana Indonesia
Email: jakarta@taximaxim.com
Contact No. +62 2139700226.
The original of this Agreement is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail. This License Agreement constitutes the entire agreement between you and Maxim regarding the software and its use.