Work Rules of the Maxim Service (Public Offer)
Work Rules of the Maxim Service (Public Offer)
1. General Provisions
1.1. This document addressed to any individual (hereinafter – the “Client”) is an official Offer of the Maxim service (hereinafter – the “Service”), containing all the essential terms and conditions of the provision of information services specified in Clause 2.1 of this Offer.
1.2. This document is a Public Offer. Ordering the services thereunder means their acceptance, which is considered equivalent to the conclusion of a contract on the terms and conditions set forth in the Offer. The Offer is posted on the Service’s official website on the Internet at https://taximaxim.bg.
1.3. By accepting the terms and conditions of this public Offer, the Client also agrees to the Policy of the Service regarding the processing of confidential data, posted at https://taximaxim.bg.
1.4. The Client shall carefully read the text of this Offer. Should the Client disagree with any of its terms and conditions, the Client is offered to refuse the services of the Service. Should the Client have any questions related to the characteristics of the services, the Client shall consult a specialist of the Service before placing an order.
1.5. Terms and definitions used to fulfill the terms and conditions of this Offer are the following:
1.5.1. “Services” means the services that are provided by the Partners of the Service and ordered through the Service.
1.5.2. “Order” means an order for the Services, processed by the system.
1.5.3. “Partner of the Service” means an individual or a legal entity that independently, on his/her/its own, provides the Client with the Services.
1.5.4. “Profile” means a page on the website of the Service, containing statistical information on the scope of the Services provided and the current status of the Client’s personal account. In order to register the Profile, it is necessary to provide at least data on the Client’s subscriber telephone number.
1.5.5. “Personal Account” means an account in which advance payments of the Client and amounts of funds withheld (debited) from these payments as payment for the Services are recorded. The Personal Account has a unique number and is generated by the Service.
1.5.6. “Personal Account Balance” means the difference at a certain time point between the amount of funds deposited into the Personal Account and debited from the Personal Account.
1.5.7. “Client” means a person ordering the Services through the Service.
1.5.8. “Scheduled Order” means an order for the Services, accepted minimum 60 minutes in advance, and assuming the possibility to provide the Services at the time specified by the Client.
1.5.9. “Current Order” means an order assuming the provision of the Services as soon as possible.
1.5.10. “Authorized Mobile Application (Mobile Application)” means a computer program installed on the Client’s mobile device, which allows to automate the process of orders generation via the Internet.
2. Subject of the Offer
2.1. By means of the Service, the Client can place the Order for the Services on a free-of-charge basis. A complete list of the Services is available on the website of the Service or in the Mobile Application. The Service does not provide any Services independently (on its own) to the Client and does not assume the rights and/or obligations of the performer in respect of such Services.
2.2. The Client accepts the terms and conditions of this Offer when the Client contacts the Service to order the Services by any means available.
2.3. The Client shall be responsible for the content and reliability of the information provided while placing the Order.
2.4. Once the Order is placed, the Client’s data, as well as the nature of the Services required by the Client are not subject to alteration or edition without the Client’s consent.
2.5. Access to the Order is granted free-of-charge by the Service to the Partner that selects the Order and notifies the Service of his/her/its choice about it by indicating the time of the Services provision under the selected Order. Thus, the Service shall guarantee solely granting the Partner access to the Order, and the Partner shall be responsible for the provision of the Services.
2.6. The Service shall inform the Client about the procedure and characteristics of the Services provided, specifying all the essential information necessary for proper and correct performance of the Services by the Partner.
2.7. The Service can accept the Scheduled Orders for the provision of the Services. The timely provision of the Services shall be the responsibility of the Partner notified in advance by the Service of the Scheduled Order. However, the provision of the Services is not guaranteed.
2.8. The Service reserves the right to refuse to provide the Services to the Client that disagrees with the terms and conditions of this Offer, without explaining the reasons for refusal.
2.9. Telephone calls between the Client and the Service shall be recorded for internal control of activities of the Service.
2.10. In order to improve the quality of the Services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform the Service about the cases of violation of the Client’s rights by the Partner during the Partner’s provision of the Services by contacting the Service, using the electronic feedback form or in writing at the location of the Service. In this case, the Service shall notify the Partner about the claim received from the Client, share the Client’s telephone number with the Partner, as well as the content of the Client’s claim. Further claim resolution shall be carried out between the Client and the Partner without the participation of the Service. The content of this Clause shall not and may not be deemed as the acceptance by the Service of any obligations to compensate for damages either in kind or in cash, pay compensation and/or acceptance by the Service of other obligations not provided for in this Offer.
2.11. During collection and processing of the Client’s personal data, the Service shall be guided by the legislation of the Republic of Bulgaria, as well as by the Policy of the Service regarding the processing of confidential data.
3. Obligations of the Service
3.1. The Service shall accept the Order, provide the Partner with access to the Order and inform the Client about the progress of the Order.
3.2. The Service shall inform the Client about the cases of forced delay in providing the Services.
3.3. The Service shall inform the Client about the cases when it is impossible to provide the Services.
3.4. The Service shall timely credit the advance payments of the Client to the Personal Account.
3.5. The Service shall timely detect and prevent attempts of unauthorized access to the information provided by the Client, and/or its transfer to the persons that are not directly related to the provision of the Services.
4. Obligations of the Client
4.1. The Client shall order the Services taking into account the time required to perform the Services.
4.2. The Client shall specify the essential conditions necessary for the correct choice of the Order by the Partner.
5. Settlements between the Client and the Partner
5.1. The Service shall provide the Client on a free-of-charge basis with the Services, the subject of which is defined by Clause 2.1 of this Offer.
5.2. Payment for the provision of the Services shall be carried out directly between the Client and the Partner. The Service shall inform the Client about the cost of the provision of the Services. The specified cost is calculated based on the rates applied by the Partner that accepted the Order for performance. The generation of prices by the Partners may vary dynamically and depends on many factors (such as condition of street and road network, traffic congestion, time of day, year, dynamics of demand for services, climate conditions, etc.) which may entail difference in rates for the similar Services at different times. Informing the Client about the final cost of the Services shall not mean and may not be regarded as the fact that the Services are provided by the Service.
5.3. The method of settlements for the provision of the Services shall be determined by the Client without participation of the Service.
5.4. The Service does not give the Client any instructions regarding the method and procedure for payment for the Services provided.
5.5. The Service shall provide a technical possibility for the Client to pay for the Services by cashless payment using bank cards. In this case, the Service only provides the technical possibility of cashless payment for the Services, the Service does not accept the Client’s funds and is not the Partner’s agent for accepting such funds.
5.6. Cashless payment using bank cards shall be made via credit or debit cards of the Visa and MasterCard payment systems.
5.7. Registering the Profile, as well as adding a bank card to the Client’s Personal Account number shall be required to get the possibility to pay for the Partner’s Services by cashless payment using bank cards.
5.8. Cashless payment shall be made in compliance with the international payment systems rules on the principles of confidentiality and security of payment. The security of the data provided by the Client shall be ensured by compliance of the procedures with the Payment Card Industry Data Security Standard, and no one, including the Service, may receive it. Bank card data shall be entered on the secure payment page of the acquiring bank providing the option of cashless payment for the Services.
5.9. For confirmation of the possibility of cashless payment, funds in the amount of the cost of the corresponding Services may be reserved on the Client’s bank card at the time of placing the Order. In case of cancellation of the Order placed by the Client, as well as in other cases of non-provision of the Services to the Client, the funds reserved on the Client’s card shall be returned to the Client.
5.10. Should the Client change the scope of the Services requested, including after the Partner has begun to provide the Services, the cost shall be subject to recalculation. The cost of the Services shall be paid by the Client in compliance with the scope of the Services actually provided.
5.11. The Client and the Partner are entitled to agree on other forms of payment for the provision of the Services, not provided for in this Offer, including payment for the Services in cash and by other methods that do not contradict the current legislation.
5.12. The Partner is entitled to set a fee for providing additional Services to the Client, including, but not limited to, waiting by the Partner to perform the Services for more than 3 minutes, transportation of large-size items, etc. In case of the Scheduled Order, the free waiting time is calculated from the moment the vehicle actually arrives and the Client is notified about it. At the same time, the free waiting time cannot be less than 3 minutes and cannot expire earlier than the time for which the Scheduled Order is made.
5.13. The Partner is entitled to establish a penalty for the Client’s refusal from the Services after the Client has been notified about the Partner’s arrival. The Client shall be considered to have refused the Services after the expiry of the free waiting time established in Clause 5.12 of this Offer, if the Client has not notified the Partner about his/her consent to the paid waiting time. The amount of the penalty shall be calculated in proportion to the amount of the minimum cost of the Services, valid at the moment of creation of the Order, and the distance from the location of the Partner at the moment of creation of the Order to the place specified by the Client.
5.14. The Service shall inform the Client of the cost established by the Partner for the provision of additional Services and the penalty. However, payment for the provision of additional Services and payment of the penalty shall be made directly to the Partner in the form agreed by the Client and the Partner.
6. Liability of the Parties
6.1. The Parties shall be liable for non-performance of their obligations in compliance with the legislation of the Republic of Bulgaria.
6.2. The Service is not liable for any interruptions in the provision of the Services, specified in Clause 2.1 of this Offer, in case of failures of software or hardware not belonging to the Service.
6.3. The Service is not liable for complete or partial interruptions in the provision of the Services, specified in Clause 2.1 of this Offer, related to replacement of hardware, software, or carrying out other works required to maintain operability and develop technical means of the Service.
6.4. The Service is not liable for direct damages, lost profit incurred by the Client as a result of the use of the Services provided by the Partners.
6.5. The Service is not liable for the Partner’s failure to perform the Partner’s obligations.
7. Specific Features of Ordering Certain Types of the Services
7.1. By placing a request for the Partner to carry out the Services on behalf of the Client, the latter accepts and agrees that obligations under the agency agreement arise between the Client (the Principal) and the person performing it (the Agent). The Principal is responsible for the rights (including the right of ownership), obligations and liability for transactions carried out by the Agent. The authority of the Agent is evident from the situation and does not require confirmation by a power of attorney.
8. Dispute Resolution Procedure
8.1. The Parties shall resolve any disputes and disagreements related to the performance of this Offer through negotiations.
8.2. Should it not be possible to resolve any disputes through negotiations, they shall be resolved in compliance with the current legislation of the Republic of Bulgaria.
9. Special Terms and Conditions
9.1. By agreeing to the terms and conditions of the Offer in this version, the Client expresses his/her consent to receive information messages, as well as promotional information (including messages received via Viber, WhatsApp, Telegram and similar Internet instant messengers) distributed through communication networks for the purposes and in cases where the need for such consent is provided for by the current legislation of the Republic of Bulgaria on advertising.