1. General Provisions
1.1 This document (hereinafter referred to as the Agreement) specifies the manner of providing the right to use the database by Maxim Service, which contains up-to-date information on existing demand for conveyance of passengers and luggage by light motor taxi vehicle, conveyance (delivery) of freights (goods), cargo handling operations (hereinafter referred to as the Database)
1.2. 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://taximaxim.com ) hereinafter referred to as Maxim Service website). A person, 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.
1.3 PLEASE READ THE TEXT OF THIS AGREEMENT AND APPENDICES THERETO BEFORE REGISTRATION. SHOULD YOU DISAGREE WITH ANY CONDITIONS THEREOF AND/OR THE APPENDICES THERETO, YOU SHALL REFUSE FROM USING THE DATABASE.
1.4 This is a sublicense agreement, and provisions of Indonesian binding laws and/or regulations shall apply thereto.
1.5 The Rules How to Use Maxim Service Database posted in e-format on Maxim Service website is the integral part hereof.
2. Subject of the Agreement
2.1 In accordance with the provisions of this Agreement Maxim Service, represented by PT Teknologi Perdana Indonesia, gives the Partner the rights to use the Database containing up-to-date information on existing demand for conveyance of passengers and luggage by light motor taxi vehicle, conveyance (delivery) of freights (goods), cargo handling operations on conditions of simple (nonexclusive) license in the manner set forth herein, and the Partner shall pay a fee to Maxim Service in the manner and size set forth herein and/or its appendix (appendices).
2.2 For the purpose of this Agreement the 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 authorized mobile app.
2.3 Acquisition, storage, systemization of information, creation of the Database, as well as legal relations between the Partner and Maxim Service in respect of granting access to the Database are subject to the provisions of regulations which are binding according to Indonesian laws and regulations.
2.4 Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current law of Indonesia.
2.5 The Partner may use information, access to which he is granted to, at his discretion.
2.6 The database includes following materials:
2.6.1up-to-date information on existing demand to convey passengers and luggage by light motor taxi vehicle;
2.6.2up-to-date information on existing demand to convey (deliver) goods and/or freights;
2.6.3up-to-date information on existing demand to provide cargo handling services.
2.7 Materials constituting the Database have the following characteristics:
2.7.1. Details on existing demand to convey passengers and luggage by light motor taxi vehicle:
- light motor vehicle’s arrival address
- vehicle’s category
- trip destination address or trip distance
- applicable fare
- estimated trip cost
- contacts of a person, who placed the order
2.7.2. Details on existing demand to convey (deliver) freight (goods)
- vehicle’s arrival address
- type of freight (goods)
- trip destination address or delivery distance
- applicable fare
- estimated delivery cost
- contacts of a person, who placed the order
Details on existing demand to carry out cargo handling operations:
- address, where cargo handling operations will be provided
- type of cargo
- contacts of a person, who placed the order
2.8 The territory, where the right to use the Database is provided, is the territory of Republic of Indonesia.
2.9 Access to the Database is provided through authorized mobile application.
3. Registration on Maxim Service Website
3.1 To get access to the Database, you need to personally go through the registration process (hereafter referred to as the registration) on Maxim Service website on the Internet or locally in Maxim Service office.
3.2 Registration on Maxim Service website shall be deemed to be completed and unconditional accession to the conditions hereof.
3.3 Registration is exercised through filling a special form on Maxim Service website. Maxim Service may request to provide the documents supporting the authenticity of the data mentioned during registration.
3.4 Registration is carried out at the discretion of Maxim Service. Documents and data required for registration shall not entail the absolute obligation of Maxim Service to exercise the registration procedure.
3.5 The user’s ID (login) and password required to get the authorized access to the Database is assigned after registration. The user’s ID (login) and password are sent by Maxim Service to the phone number, which was mentioned at the stage of registration.
3.6 Maxim Service 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 provision of services, which subject is set forth in this Agreement.
3.7 Maxim Service saves and uses the following data on the persons, who have registered on Maxim Service website:
3.7.1 The user’s pseudonym (nickname) is any combination of letters mentioned at registration. The Partner specifies his pseudonym at his discretion and is not modified by Maxim Service;
3.7.2 The user’s ID (login);
3.7.3 Brand, color and digits from the vehicle’s registration plate;
3.7.4 Mobile phone number mentioned at registration.
3.8 By registering on Maxim Service website, the Partner hereby expresses his consent to receive promotional ads in any way particularly through the telecommunication channels and Internet messengers (Viber, WhatsApp, Telegram and similar) for the purposes and in cases, when such consent is required according to binding laws.
4. Maxim Service Fee
4.1 For granting the right of use of the Database, the Partner hereby obliges to pay the fee to Maxim Service in size and on conditions set forth in Rules How to Use Maxim Service Database.
5. Maxim Service Guarantees
5.1 Maxim Service hereby guarantees that:
5.1.1 It possesses adequate rights to exercise its obligations hereunder;
5.1.2 Performance of this Agreement will not entail violation of any third parties intellectual rights;
5.1.3 Maxim Service is not bound by any contract, capable of preventing the Partner from using the Database on conditions set forth herein;
5.1.4 Maxim Service has neither performed nor will perform any actions, making it impossible to use the Database by the Partner on conditions set forth herein.
6. Arrangements and Manner of Database Use
6.1 The Partner may use the Database in the following manner:
6.1.1 Acquire information from the Database and use such information in his/her business, particularly provide access to such information to the third parties (his/her employees, contractors and etc.)
6.1.2 Completely or partially reproduce it in any format and by any means;
6.1.3 Modify it, particularly, translate the Database from one language to another;
7. Rights and Responsibilities of the Parties
7.1 Maxim Service has the right to:
7.1.1 Request the Partner to use the Database by the Partner in the manner and form set forth herein;
7.1.2 Similarly to this Agreement award the agreements for assignment of rights to use the Database with the third parties, particularly on the same territory, where the right to use the Database is given to the Partner;
7.1.3 Suspend access to the Database to the Partner, should the Partner violate the conditions and fee payment due date for Maxim Service – until the fee is paid by the Partner.
7.1.4 Suspend access to the Database to the Partner, should Maxim Service receive the documents evidencing the Partner’s illegal use of the Database information. Maxim Service suspends access to the Database information to 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 Database is suspended till Partner clears all violations disclosed.
7.2 Maxim Service shall:
7.3. Provide smooth and continuous functioning of the Database throughout the Agreement life;
7.4 The Partner has the right to:
7.4.1 Use the Database in the manner and form set forth herein;
7.4.2 Request Maxim Service to immediately resolve any problems, preventing the use of the Database.
7.5 The Partner shall:
7.5.1Pay the fee to Maxim Service in the manner and time set forth in fixed in the Rules How to Use Maxim Service Database.
7.6. The Partner has right not to provide any Database usage reports to Maxim Service.
8. Responsibility for the Parties
8.1 The Parties shall be responsible for breach of conditions hereof subject to the Republic of Indonesia law in force.
9. Disputes Settlement
9.1 The Parties shall take efforts to amicably settle down any disputes and disagreements thereunder by way of negotiations.
9.2 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 complaint and/or the need to submit these documents has originated.
9.3 Should it be not possible to settle down the disputes and disagreements by way of negotiations, the disputes and disagreements shall be settled subject to current Indonesian binding laws and/or regulations.
10. Special Conditions
10.1 This Agreement does not assume the lapse of any exclusive rights to the Database to the Partner.
10.2 This Agreement is a subscriber’s agreement and does not require the Parties to rise and/or sign any bilateral acts of jobs acceptance.
10.3 The integral part hereof is the Rules How to Use Maxim Service Database.
10.4 The conditions hereof shall apply to all the persons registered on Maxim Service website unless otherwise is stated herein. Should the Parties sign a separate contract, the conditions of the latter shall apply to the legal relationship between the parties.
Rules How to Use Maxim Service Database
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 authorized mobile application.
1.2 «Partner» shall mean a person, who has signed the sublicense agreement and has received the right to use the Database thereunder.
1.3 «Maxim Service» shall mean a legal entity granting the rights to the Partner to use the Database according to the sublicense agreement and granting the rights to the Partner to use authorized mobile application, which is required to get access to the Database.
1.4. «Transportation Company» shall mean a legal entity registered in the manner prescribed by the current legislation of the Republic of Indonesia, which possesses all the permits and licenses necessary for carrying out passenger and/or freight transportations, including execution of orders received from online transportation services via mobile application, and gains the access to the Database under a separate license agreement.
1.5. «Authorized mobile app» (hereinafter referred to as the Mobile app) shall mean a software provided by Maxim Service to the Partner, designated to give a remote access to the Database to the Partner. 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 Partner by a person, who has placed the Order.
1.8. «Personal account» shall mean an account, where advance payment of the Partner and amounts of cash deducted from these payments as payment for granting access to the Database. The Personal account has a unique number and is generated by Maxim Service.
1.9. «Personal account balance» shall mean the difference as of certain time-point between the amount of cash deposited on the Personal account and deducted from the Personal account till this time-point.
1.10. «Client» shall mean a natural 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 Partner and is an integral part of the sublicense agreement signed by the Partner and Maxim Service.
2.2. The acquisition, storage, systemization of information, creation of the Database, as well as legal relations between the Partner 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 Partner may use information, access to which he is granted to, at his discretion.
2.5 The database gives the possibility to the Partner 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 Rules by publishing the appropriate changes on the website and the Partner 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 Partner is deemed notified. The use of the Database after the entry into force of these amendments implies the consent of Partner with these amendments.https://www.taximaxim.com
3.2. Any amendment of the Rules 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 Partner 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 Partner to comply with the conditions of these Rules;
4.1.2. suspend or prohibit access of the Partner to the Database in the manner and subject to conditions set forth in these Rules;
4.1.3. modify these Rules;
4.1.4. record phone calls with the Partner to ensure internal control of the quality of granting access to the Database to the Partner 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 Partner may be suspended from access to the Database.
4.1.6. suspend access to the Database to the Partner, should the Personal account balance become null or negative until the time the Partner tops it up.
4.1.7. 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.
4.1.8. Suspend or discontinue access to the authorized mobile app or the Database to the Partner for any plausible reason.
4.2 Maxim Service shall:
4.2.1. grant access to the Database to the Partner and ensure proper performability and functionality of the Database, as well as continuous access of the Partner 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. give the right to the Partner to use the Mobile app, required to access the Database;
4.2.3. timely account the Partner’s payments on his/her Personal account.
4.2.4. 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;
4.2.5. not change or edit the Partner’s data without his/her consent.
4.3. The Partner 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 Rules, including technical and consulting services.
4.4. The Partner shall:
4.4.1. close 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 Partner (Partner’s employees and/or contractors) to the Clients, the Partner hereby obliges to compensate for losses incurred by Maxim Service in this regard. This compensation is deducted from cash available on the Partner’s personal account. In case the sum is not sufficient, penalties for the fiscal period shall be deemed to be the Partner’s accounts receivable, which is set off as a matter of priority, once the Partner tops up his Personal account. Poor quality of Services provided by the Partner 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 close the Orders.
5. Order Cost Evaluation
5.1. The cost of the Order is determined by the Partner.
5.2 The Partner shares the applicable fares to Maxim Service. Maxim Service calculates the cost of the Order based on the details provided by the Partner, considering the parameters of each Order separately.
5.3 When making settlements between the Client and the Carrier through the wire transfer, Maxim Service is the agent acting on behalf of and at the expense of the Carrier in the part of accepting cash from the Client to credit them to the Carrier’s personal account. Maxim Service assumes the obligations of the Carrier’s agent only with regard to ensuring receipt of money from the Client and does assume any other rights and obligations of the Carrier.
6. Size of Fee payable to Maxim Service and Settlement Procedure
6.1. The size of the fee payable to Maxim Service for granting access to the Database shall be determined as percentage deductions of the Partner’s income (earnings).
6.2. The size of the fee payable to Maxim Service is determined for every order separately in the database .
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 fee payable to Maxim Service may be changed unilaterally through modification of these Rules and publication of the changes made on the website https://id.taximaxim.com. Partner shall be informed of the size of fee revised via authorized mobile app.
6.5. The fee shall be made on a prepayment basis by topping up the Personal Account by the Partner in the amount personally determined by the Partner.
6.6. Payment for services is exercised through deduction of cash from the Partner’s Personal Account in the amount equal to the size of the fee, once the Partner has confirmed the Order.
6.7. The Personal Account is topped up by making advance payments using bank cards, through the self-service terminals by cash crediting to the Maxim Service settlement account or depositing cash to the Maxim Service cash desk.
6.8. Maxim Service shall be the agent of the Partner for accepting payments from the Clients via Internet acquiring and other e-payment methods. Maxim Service is not a beneficiary and shall not get any profit from the payments made by the Client. Electronic payment for a trip shall be deducted from the bank card of the Client and credited to the personal account of the Partner opened in Maxim. The comnission for acceptance of electronic payments is not charged from the Partner by Maxim Service.
6.9. Maxim Service 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 these relationships the Partner shall render free carriage or carriage at a reduced cost at the expense of Maxim Service. The funds for the trip shall be credited to the personal account of the Partner opened in Maxim Service.
6.10. Maxim Service shall be the supplier of information services granting licenses for access to the order database to the Partner. Funds for the license shall be deducted from the personal account of the Partner opened in Maxim Service.
6.11. 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.
6.12. Should the Partner gain the access not directly from Maxim Service but on the basis of a sublicense agreement concluded between the Partner and any Transportation Company, Maxim Service shall have the right, acting as an agent of the corresponding Transportation Company, to deduct the remuneration of this Transportation Company from the Personal Account of the Partner in the amount provided for by such sublicense agreement.
6.13. The Partner shall be an independent economic entity and he is solely and completely responsible before tax and insurance issues.
7. Responsibility for the Parties
7.1 Responsibilities of Maxim Service:
7.1.1 Maxim Service is responsible to perform its assumed obligations subject to binding Indonesian laws or regulations.
7.1.2 Maxim Service is not responsible for complete or partial interruptions of access to the Database 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 Service firmware.
7.1.3. Maxim Service is not responsible for the Partner’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.
7.1.4 Maxim Service is not responsible for the Partner’s damages, lost profit suffered by the Partner because of use of the Database by the Partner.
7.1.5 Maxim Service is not responsible for the damage inflicted on the third parties by the Partner resulting from the use of the Database by the Partner.
7.2. Responsibilities of the Partner:
7.2.1. The Partner is responsible to perform its assumed obligations subject to any binding Indonesian laws or regulations.
7.2.2. The Partner is personally responsible to the person, who placed the Order, to properly perform the Order, as well as for any damage inflicted on such person by the User’s actions.
7.2.3. The Partner 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 Partner and the person, who placed the Order, to settle down these disputes as soon as possible.
8. Special Conditions and Limitation of Responsibility
8.1. IN CONSIDERATION OF THE CONDITIONS HEREOF, THE Partner UNDERSTANDS THAT INFORMATION HE 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 USE SUCH INFORMATION FOR BUSINESS PURPOSE, HE 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
8.2. MAXIM SERVICE SHALL NOT ASSUME ANY OBLIGATIONS IN RESPECT OF COMPENSATION FOR DAMAGE, PARTICULARLY LOST PROFIT INFLICTED ON THE THIRD PARTIES BY THE Partner’S ACTIONS.
8.3. MAXIM SERVICE IS NOT RESPONSIBLE TO THE Partner FOR ANY ACTIONS OF THE THIRD PARTIES, WHEN THE Partner HAS SUFFERED ANY DAMAGE, INCLUDING LOST PROFIT.
9. Force Majeure
9.1. 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.
9.2. The Party, which has suffered from force majeure, shall immediately inform the other party in writing (including fax) of the force majeure, its type, the potential duration thereof and the obligations, which performance is interfered.
9.3. 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.
10. Partner’s Personal Data Processing and Use Policy
10.1 Maxim collects and processes the Partner’s personal data pursuant to the terms and conditions set forth by binding Indonesian laws or regulations.
10.2. In accordance with binding Indonesian laws or regulations, the Partner’s registration on Maxim Service website shall mean the consent of this person for processing of his personal data by Maxim Service in cases, when the provisions of the Indonesian laws require such consent.
10.3. The purpose of collecting and processing the Partner’s personal data is formation and execution of the contract between the Partner and Maxim Service, subject of which shall be to grant the rights to use the Database to the Partner. When collecting and processing the Partner’s personal data, Maxim Service does not pursue any other purposes, apart from the purposes of execution of the Sublicense agreement.
10.4 The Partner’s personal data is stored exclusively on encrypted electronic media and processed using the automated personal data processing systems.
10.5. When the Partner registers on Maxim Service website, he shares the following personal data:
10.5.1. last name, first name, patronymic (if any);
10.5.3. telephone number;
10.5.4. series, number and date of issue of the driving license;
10.5.5. vehicle’s registration plate.
10.6. Once the Partner has registered on Maxim Service website, the Partner hereby agrees that personal data is destroyed by Maxim after expiry of five years after provision of services, which subject is set forth in this Offer. Maxim Service does not use the Partner’s personal data and is not a Partner’s personal data processing operator.
10.7. Only Maxim Service employees have access to the Partner’s personal data.
10.8 Maxim shall neither distribute the Partner’s personal data nor provide access to them to the third parties without prior written consent of the Partner with the exception of cases, when provision of personal data is requested by the authorized authorities under the current legislation of Indonesia.
10.9. Personal data is destroyed without possibility to restore it afterwards.
10.10. Maxim Service takes the following efforts to prevent the unauthorized access to the Partner’s personal data:
10.10.1. assigns the employees responsible for personal data processing;
10.10.2. takes organizational and technical efforts to ensure safety of the Partner’s personal data, namely:
10.10.3. identifies security threats for personal data, when processing them in the personal data information systems;
10.10.4. ensures safety protection mode for the rooms, where the information system is located that prevents the possibility of the uncontrolled access or presence of people in these rooms, who do not have the access right to these rooms;
10.10.5. ensures safety of the personal data carriers;
10.10.6. approves the list of persons having access to personal data necessary to perform their official (employment) duties;
10.10.7. uses the information security tools necessary to prevent the unauthorized access to personal data, including but not limited to data encryption.
10.10.8. evaluates the efficiency of the efforts taken to ensure personal data security;
10.10.9. discloses the unauthorized access cases to personal data and efforts to be taken;
10.10.10. restores personal data, modified or destroyed as a result of the unauthorized access to them (if technical capability of such recovery is available).
10.10.11. establishes the rules for access to personal data processed in the personal data information system;
10.10.12. exercises control of the efforts taken to ensure personal data security and the level of protection of personal data information systems.
10.11. Maxim Service uses and saves the following Partner’s data, which is not his personal data:
10.11.1. vehicle’s brand, model and color;
10.11.2. digits from the vehicle’s registration plate;
10.12. Maxim Service receives the Partner’s location data (geolocation data) through the Mobile app. The geolocation data is transferred to Maxim Service, only when the Partner uses Mobile app. The Partner registration on Maxim Service website shall mean that the person agrees that his geolocation data is transferred and used by Maxim Service, when he is using the Mobile app.
10.13. To withdraw cash from the Personal account, the Partner communicates the details of the account opened in an Indonesian bank to Maxim Service and any other details, required to transfer cash including the Partner’s personal data, namely:
10.13.1. recipient’s account number in a credit organization;
10.13.2. last name, first name, the patronymic of the recipient;
10.13.3. debit or credit card’s number.
10.14. The data provided by the Partner does not give the right to Maxim Service to carry out any transactions apart from the transactions of crediting cash to the Partner bank account.
11. Intellectual Property
11.1. The Partner is given a limited right to use “Maxim Service” brand and Maxim® trademark to advertise Order placing options.
11.2. The Partner may independently advertise (promote) telephone number, 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.
12. Donations to the Yayasan Pengemudi Selamat Sejahtera Indonesia
12.1. The Service is an information partner of Yayasan Pengemudi Selamat Sejahtera Indonesia (hereinafter referred to as YPSSI) and is entitled to the represent the interests of the YPSSI.
12.2. The Service shall represent the interests of the YPSSI under the terms established in the agreement concluded between them.
12.3. Charity programs of the YPSSI are posted at https:// https://ypssisocial.org.
12.4. Acceptance of the terms of this Agreement by the Partner means the Partner’s consent to cooperate with the YPSSI, under which all Partners and Clients are potential donors and are entitled to claim to receive funds and other charitable support from the YPSSI.
12.5. Acceptance of the terms of this Agreement means the Partner’s consent to the terms of implementation of charity programs by the YPSSI, as well as the Partner’s voluntary consent to make donations to the YPSSI.
12.6. 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 YPSSI, the Articles of Association of the YPSSI and the terms of the Partner’s interaction with the YPSSI 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.
12.7. The Partner and the YPSSI shall authorize the Service to provide information and technical mediation, to ensure exchange of information between them, and to fulfill instructions.
12.8. The Partner voluntarily makes multiple, generally monthly donations to the YPSSI 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.
12.9. The Partner shall receive all the information about transactions and payments made in favor of the YPSSI through the Partner’s Profile registered on the website of the Service (hereinafter – the “Profile”).
12.10. Under the Program, the Partner shall authorize the Service to transfer any information about the Partner to the YPSSI, as well as to accept information about third parties.
12.11. The Partner shall give multiple instructions (orders) to the Service to carry out information and technical interaction with the YPSSI, to calculate, to determine the amount, purposes and grounds for the Partner’s donations as agreed with the YPSSI, to display the calculation in the Partner’s Profile, to make transactions and payments in favor of the YPSSI on behalf of the Partner.
12.12. In accordance with the terms of this License Agreement, the Partner shall make transactions and payments in favor of the YPSSI 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 YPSSI, shall execute the Partner’s instructions (orders) systematically and (or) each time it receives information about the interest of the YPSSI in collecting donations, the Service shall calculate the amount of donation and make transactions and payments in favor of the YPSSI on behalf of the Partner.
12.13. The Partner is assumed to approve transactions and payments made by the Service in favor of the YPSSI until the Partner cancels the instruction (order) to perform transactions and payments in favor of the YPSSI.
12.14. 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 YPSSI. In this case, the Partner stipulates that the Partner’s donations are used by the YPSSI in any proportions, for any purposes and on any grounds solely at the discretion of the YPSSI, 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 YPSSI, or to incur administrative and management expenses, or to perform any other actions provided for by the Articles of Association of the YPSSI.
12.15. In case of each donation, transactions and payments of the Partner in favor of the YPSSI shall be made by the Service on behalf of the Partner.
12.16. Under each instruction (order) of the Partner to make transactions and payments in favor of the YPSSI, such transactions and payments shall include the following information:
- donation amount;
- transaction date;
- other details.
12.17. The Partner may cancel each instruction (order) to make transactions and payments in favor of the YPSSI. In order to cancel orders to make transactions and payments in favor of the YPSSI, the Partner shall express its/his/her disapproval of each of such orders at the Service office in the form offered by the Service.
12.18. The Partner shall cancel instructions (orders) to make transactions and payments in favor of the YPSSI 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 YPSSI can be carried out by other means in cases offered by the Service.
12.19. Each time an instruction (order) to make transactions and payments in favor of the YPSSI 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 YPSSI 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 YPSSI, given by the Partner to the Service.
12.20. The Partner may cancel an instruction (order) to make transactions and payments in favor of the YPSSI 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 YPSSI.
12.21. Instructions (orders) of the Partner to make transactions and payments in favor of the YPSSI 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.
12.22. 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 in 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 YPSSI), including the information:
- about the name of the Service and the name of the YPSSI;
- about the manner and method of transferring (donating) funds to the YPSSI;
- 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;
12.23. Execution of the Partner’s instruction (order) to make transactions and payments in favor of the YPSSI 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 YPSSI.
12.24. 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.
12.25. The Service shall carry out transactions in favor of the YPSSI on behalf of the Partner using the details specified in the order.