1. General Provisions
1.1. This document, addressed to any natural person (hereinafter referred to as the Client), is an official offer of Maxim Service (hereinafter also referred to as Maxim) and contains all essential conditions of provision of information services focused on registering the Client’s Order in the software-information complex and communication of the Order follow-up status to the Client.
1.2. Vehicle booking via Maxim Service using any of the Offer options is the accept, which is deemed to be similar to awarding the contract on the terms and conditions set forth therein. The Offer is posted on official websites https://www.taximaxim.com on the Internet.
1.3. Maxim Service hereby provides free information services focused on registering the Order in the software-information complex and communication of the Order follow-up status to the Client. Maxim does not provide services, which are associated with the passenger and luggage conveyance, freight conveyance or any other transport services to the Client by itself, being an operator communicating the Order to the Carrier.
1.4. Please read the text of this Offer attentively and, should you disagree with any terms and conditions thereof, you are kindly advised to refuse from the Services of Maxim Service.
1.5. The terms and definitions used to perform the conditions of this Offer:
1.5.1. “Services” shall mean information services focused on receiving, processing and transmission of the Client’s order to the Carrier and communicating the Order follow-up status to the Client.
1.5.2. “Order” shall mean a Service Order processed by the System and provided by the Carriers.
1.5.3. “Carrier” shall mean a person, who has purchased the database license from Maxim Service, containing present time details of the call for conveyance of passengers and luggage and/or conveyance of freights and assumed the contract commitment to convey the Client and deliver luggage, cabin to a point of destination, as well as to transport the freight assigned by the Client and hand it in to a designated recipient.
1.5.4. “My profile” shall mean a page on the official Maxim website, containing statistics of the scope of Services provided and current status of the Client’s personal account. It is required to at least share the Client’s telephone number to register My profile.
1.5.5. “Personal account” shall mean an account, where advance payment of the Client and amounts of cash deducted (written off) from these payments as payment for Services are captured. The Personal account has a unique number and is generated by Maxim Service.
1.5.6. “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.
1.5.7. “Client” shall mean a person placing the Order for conveyance services via Maxim Service.
1.5.8. “Route” shall mean a vehicle route between the departure and destination points.
1.5.9. “Advance” shall mean the Oder for conveyance service accepted minimum 60 minutes in advance involving arriving of a vehicle at the time specified by the Client.
1.5.10. “Current order” shall mean the order assuming arrival of a vehicle “as soon as possible”.
1.5.11. “Mobile app” shall mean the computer software installed on the Client’s mobile phone and integrated into Maxim software-information complex, allowing to computerize the Orders generation process via the Internet.
2. Subject of the Offer
2.1. Maxim hereby provides free information services focused on the transmission of the Order to the Carrier and communicating the Order follow-up status to the Client.
3. Manner of Services
3.1. The Client hereby accepts this Offer conditions by addressing to Maxim to book a vehicle in any possible manner.
3.2. The Client is responsible for the content and reliability of information communicated while placing the Order.
3.3. Once the Order is placed, the Client’s data are registered in the Maxim Service Database. Maxim does not change and does not revise the Client’s details without his consent.
3.4. Maxim places the Order in the software-information complex on a free-of-charge basis, by granting access to the software-information complex to the Carrier, who selects the Order and notifies Maxims of its choice accordingly with mentioning the arrival time under such Order. Maxim hereby exclusively guarantees to enter the Order into the software-information complex. The Carrier is responsible for conveyance.
3.5. Maxim informs the Client that a vehicle has arrived mentioning its brand, model, color and plate number.
3.6. Maxim may accept the advance vehicle booking Orders. Whereby the Carrier is responsible for arrival of a vehicle tune on time, which was notified by Maxim on advance vehicle booking Order. Arrival of a vehicle in this case is not guaranteed.
3.7. Maxim reserves the right to refuse to provide services to the Client, who disagrees with the conditions of this Offer, without explaining any reason for such refuse.
3.8. Telephone calls between the Client and Maxim are recorded for the purpose of internal control of Maxim’s activities and quality control of execution of the Orders.
3.9. In order to improve quality of services provided, as well as to ensure real-time interaction between the Client and the Carrier, the Client may inform Maxim of the cases of violation of the Client’s rights by the Carrier by addressing a problem using the electronic feedback service or in writing to Maxim’s address. In this case, Maxim notifies the Carrier about the problem received from the Client, shares the Client’s telephone number to the Carrier, as well as the content of the Client’s problem. Further this conflict is settled between the Client and the Carrier without participation of Maxim. The content of this paragraph does not and cannot be deemed to be interpreted as acceptance of the obligation in respect of compensation for harm either in kind or cash, pay out and/or acceptance of any other obligations by Maxim, which are not covered herein. In some cases Maxim may voluntarily accept to compensate for the Client
3.10. While collecting and processing Client’s personal data, Maxim is guided by the Laws and Regulations of Indonesia as well as the personal data collection and processing procedure set forth in Chapter 10 herein.
3.11. Should the Client have any questions related to specification of Services, he needs to consult Maxim before placing the Order.
4. Maxim’s Responsibilities
4.1. Shall register the Client’s order in the software-information complex and communicate the Order follow-up status to the Client on a free of charge basis.
4.2. Shall inform the Client in case of induced vehicle delay.
4.3. Shall inform the Client, if it is not possible to provide a vehicle.
4.4. Shall credit the Client’s advance payments to the Personal account in due time.
4.5. Shall timely detect and prevent efforts of unauthorized access to information provided by the Client and / or sharing it with the persons, who have no direct relation to execution of the Order.
5. Client’s Responsibilities
5.1. Shall order Services considering the time required to provide a vehicle.
5.2. Shall consider the number of seats and volume of the vehicle’s trunk, as well as the need to provide the carriage in case of a carrying of an animal.
5.3. Shall communicate the Client’s telephone number, time and vehicle arrival address, its type, route and required conveyance conditions.
5.4. Shall use a vehicle provided according to its intended purpose.
5.5. Shall keep a vehicle clean and tidy through the entire route of the trip.
5.6. Shall not carry illegal goods (such as alcohol, drugs, nuclear or chemical contents, explosives, malodorous, pathogenic, weapons and etc) in the Carrier's car.
6. Settlements between the Client and the Carrier
6.1. Maxim hereby provides services to the Client, which subject is specified in this Offer, on a free of charge basis.
6.2. Settlement for passengers and luggage conveyance services and freight conveyance services is carried out directly between the Client and the Carrier. Maxim communicates the cost of passengers and luggage conveyance services and freight conveyance services to the Client. The specified cost is calculated on the basis of fares applicable by the Carrier, who has accepted the Order. Informing the Client about the final cost of services does not indicate and may not be deemed that the conveyance service is provided by Maxim.
6.3. A form of settlement for passengers and luggage conveyance services and freight conveyance services is directly agreed by the Client and the Carrier without Maxim’s participation.
6.4. Maxim does not give the Client and the Carrier any instructions regarding the form and procedure of making payments for the passengers and luggage conveyance services, freight conveyance services.
6.5. Maxim ensures technical capability of payment for the passengers and luggage conveyance services, freight conveyance services by the Client in the following forms:
6.5.1. Advance payment in the self-service terminal by cash crediting to the Client’s Personal account;
6.5.2. Wire transfer using bank cards (if the technical capability is available).
6.6. When making settlements between the Client and the Carrier through the advance payment or wire transfer using bank cards, Maxim is the agent of the Carrier acting on behalf of and at the expense of the Carrier in the part of accepting cash from the Client. Maxim assumes the obligations of the Carrier’s agent only with regard to ensuring receipt of cash from the Client.
6.7. Wire transfer payment using the bank cards is made through every bank card which is a member of SHETAB (inter-bank information exchange net) (hereinafter referred to as the bank card).
6.8. To get the possibility to make payment for the Carrier’s services through wire transfer using bank cards, it is required to register in My profile, as well as to attach the bank card to the Client’s Personal Account.
6.9. Wire transfer payment using the bank cards is carried out in accordance with the Rules of Central Bank of Indonesia and other related binding laws and regulations observing the principles of confidentiality and security of payment. Security of data shared by the Client is ensured through the compliance of the procedures with the requirements of the Central Bank of Indonesia and other related binding laws and regulations and no one, including Maxim, can receive them. The bank card details are entered on the bank’s secure payment page - acquirer, which ensures the possibility of cashless payment for services.
6.10. To confirm the possibility of payment via wire transfer using the bank cards, cash amounting to the cost of the relevant conveyance services, may be reserved on the client’s bank card at the time of placing the Order. If the Client cancels its Order placed, as well as in some other cases, when the Client was not provided the conveyance services, cash reserved on the Client’s card is returned to the Client.
6.11. Should the Client change the scope of the conveyance services requested (change of the route, provision of additional fee-based services to the Client by the Carrier and etc.), the corresponding cost is subject to recalculation and be paid by the Client in accordance with the scope of services actually provided.
6.12. The Client and the Carrier have the right to agree on any other forms of payment for the provision of passengers and luggage conveyance services, freight conveyance services, which are not set forth in this Offer, including payment for services in cash and in any other ways not contradicting the legislation in force.
6.13. The Carrier has the right to set payment for the provision of the following additional services to the Client, namely:
6.13.1. Stand-by for more than 5 minutes upon notifying the Client on vehicle arrival;
6.13.2. Conveyance of large-sized luggage in the vehicle’s truck.
6.14. The Carrier shall be entitled to create penalty against Client’s refusal from a service after the Carrier arrive at the address specified by the Client. The amount of such penalty shall be calculated in proportion with the minimum fare of the Order at the time of creating Order and distance from the location of the Carrier at the time of creating the Order to the pick up address specified by the Client.
6.15. Maxim shall inform the Client of the fares fixed by the Carrier for the provision of additional services and penalty. In this case payment for the provision of additional services, the penalty is paid directly to the Carrier in the form agreed by the Client and the Carrier.
6.16. Maxim shall be the agent of the Carrier for accepting payments from the Client via Internet acquiring and other e-payment methods. Maxim 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 Sublincensee opened in Maxim.
6.17. Maxim shall be the customer of the services on the promotion of its product (service Maxim), and the Carrier shall be the contractor promoting the product of the customer. Within these relationship the Carrier shall render free carriage or carriage at a reduced cost at the expense of Maxim. The funds for the trip shall be credited to the personal account of the Carrier opened in Maxim.
6.18. Maxim shall be the supplier of information services granting licenses for access to the order database to Carrier. Funds for the license shall be deducted from the personal account of the Carrier opened in Maxim.
6.19. Positive balance of the personal account of the Carrier shall deem creditor indebtedness of Maxim to the Carrier.
6.20. Negative balance of the personal account of the Carrier shall deem indebtedness of the Carrier to Maxim for the services rendered by it.
6.21. The Carrier shall be entitled to request payment of the indebtednessfrom Maxim by sending an electronic request, the bank details of the bank card are specified in the TaxSee Driver application.
6.22. The Carriershall be an independent economic entity and he is solely and completely responsible before tax and insurance issues.
7. Responsibility of the Parties
7.1. The Parties shall be responsible for mis-performance of their obligations hereunder subject to the Indonesia's legislation.
7.2. Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not belonging to Maxim.
7.3. Maxim is not responsible for 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 Client.
7.4. Maxim is not responsible for direct damages, lost profit incurred by the Client as a result of enjoyment of Services.
7.5. Maxim is not responsible for the Carrier’s failure to perform his duties.
8. Disputes Settlement
8.1. The Parties shall settle down any disputes and disagreements associated with this Offer by way of negotiations.
8.2. Should it be not possible to settle down the disputes by way of negotiations, they shall be settled subject to current Indonesian binding laws and/or regulations.
9. Special Conditions
9.1. Agreeing with the conditions of this Offer in this wording, the Client expresses his consent to receive information messages as well as promotional information (including messages received via Internet messengers (Viber, WhatsApp, Telegram and similar) distributed via networks for the purposes and cases, where the need for such consent is provided for by the Indonesia's laws and regulations.
10. Personal Data Processing Policy
10.1. Maxim collects and processes the Client’s personal data pursuant to the terms and conditions set forth by related Indonesian laws and regulations and this Offer.
10.2. The purpose of collecting and processing the Client’s personal data is formation and execution of the contract between the Client and Maxim, which subject is determined by the conditions hereof. When collecting and processing the Client’s personal data, Maxim does not pursue any other goals, apart from the purposes of providing services to the Client, which subject is set forth herein.
10.3. By making the Order for Services the Client with his will and for his own benefit gives Maxim his consent to freely collect and process his personal data in accordance with related Indonesian laws and regulations.
10.4. The Client’s personal data is stored exclusively on encrypted electronic media and processed using the automated personal data processing systems.
10.5. Should the Client place the Order for a vehicle in any possible way, Maxim collects and processes the following Client’s personal data:
10.5.1. Client’s telephone number;
10.5.2. Vehicle’s arrival address;
10.5.3. The destination address of the route.
10.6. Should the Client register in His Profile at websites https://www.taximaxim.ru and https://www.taximaxim.com, Maxim shall collect and process the following Client’s personal data:
10.6.1. client’s telephone number;
10.6.2. last name, first name, patronymic of the Client;
10.6.3. date of birth;
10.6.4. Client’s email;
10.7. Only persons having the direct relation to the execution of the Orders have access to the Client’s personal data.
10.8. Maxim shall neither distribute the Client’s personal data nor provide access to them to the third parties without the prior written consent of the Client with the exception of cases, when the provision of personal data is requested by the authorized authorities under the current legislation of Indonesia.
10.9. The Client’s personal data is destroyed by Maxim in the following cases:
10.9.1. After expiry of five years after provision of services, which subject is set forth in this Offer;
10.9.2 should the Client revoke his consent for processing of his personal data; The Client’s personal data is destroyed beyond their subsequent recovery.
10.10. Maxim takes efforts to prevent the unauthorized access to the Client’s personal data:
10.10.1. assigns the employees responsible for personal data processing;
10.10.2. takes organizational and technical attempts to ensure the safety of the Client’s personal data, namely:
determines security threats for personal data, when processing them in the personal data information systems;
ensures the safety of the personal data carriers;
approves the list of persons having access to personal data necessary to perform their official (employment) duties;
uses the information security tools necessary to prevent the unauthorized access to personal data, including but not limited to data encryption;
evaluates the efficiency of the efforts taken to ensure personal data security;
provides the detection of unauthorized access cases to personal data and the efforts to be taken;
restores personal data, modified or destroyed as a result of the unauthorized access to them (if the technical capability of such recovery is available);
establishes the rules for access to personal data processed in the personal data information system;
controls the efforts taken to ensure personal data security and the level of protection of personal data information systems.
11. Special conditions regarding Cleaning Service Orders
11.1. ‘Cleaning’ shall mean the type of Service Orders which facilitates Client to obtain types of residential cleaning services provided directly by partner service providers.
11.2. Service providers have the right to refuse to work on other types of services other than the types of Cleaning services that are already available on the Maxim Mobile App.
11.3. Client must provide clear, complete and accurate information regarding the condition of the residential part and the condition of the goods to be cleaned, and / or clothing (for ironing services), which must be considered by the service provider before the service is performed;
11.3.1. Especially for this type of ironing service, Client must provide its own iron and supporting materials (perfume, clothes lubricant, etc.).
11.4. Maxim is not responsible for any damage or loss that Client experiences due to the following things:
11.4.1. Client did not provide information clearly, completely and accurately as intended in paragraph 11.3 above;
11.4.2. Client ordered a Cleaning Service not through the Maxim Mobile App;
11.4.3. Conditions of parts of dwellings, items in the dwelling, or clothing (for Ironing services) that have been damaged / deformed before the service is performed; and / or Other matters that are entirely not a real mistake or omission from Maxim.
11.5. Maxim is responsible only for damage or loss that Client experienced due to direct and proven guilt of Maxim.
11.6. Maxim is not responsible for the safety of the Client’s personal belongings and values during the provision of services by the partner service provider. The client must monitor the safety of such property independently.
11.7. Client will pay the price of the Cleaning service in accordance with the nominal price stated on the Maxim Mobile App.
11.8. The price of the service listed on the Maxim Mobile App does not include the service provider parking fee, if indeed Client’s residence requires visitors to comply with the parking policy.
12. Special conditions regarding Massage & Spa Service Orders
12.1. “Massage & Spa” shall means the type of Service Orders which facilitates Client to receive Massage directly by independent/self-employee Service Providers.
12.2. This “Message & Spa” order services is available for The Client over 18 (eighteen) years old ;
12.3. The Client must provide clear, complete and accurate information regarding the condition of:
12.3.1. The Client required to choose and submit clear information about gender, massage duration, and gender preference of Service Providers (male/female), as well as submitting accurately and completely the date, time and address of the location of the service.
12.3.2. Part of body, that cause such part of the body requires certain careful treatments or cannot be massage ;
12.3.3. If The Client has Allergies for certain materials, whether solid materials, such as powders, soaps, scrubs, lotion, oils, liquid masks and/or materials that produce certain odors or smells; and or
12.3.4. Client Health condition in consideration for the Service Providers to determine whether it is possible to do the massage or not.
12.4. Massage & Spa services cannot be used to:
12.4.1. Carry out other types of massages/ other services apart from the traditional massage services;
12.4.2. Carry out health massage services on an injured body ;
12.4.3. Carry out treatment or cure any health disorders ;
12.4.4. Baby massage or children under 5 (five) years old.
12.4.5. Engage in any inappropriate behaviour including but not limited to sexually suggestive remarks, sexual advance and/or harassment, drug use and / other inappropriate behaviour.
12.5. Violation of article 12.3 and 12.4 has given the rights for Service Providers to not carry out the services or cancel Client’s order completely if the Service Providers considers that the massage is not possible/not safe to do. In this case, Maxim and Service Provider has the right to charge The Client for the full massage as priced shown in the Maxim mobile apps .
12.6. Maxim is not responsible for any damage or loss that Client experienced during the following things:
12.6.1. Use of Massage & Spa service for other type of massage/ other massage as available on the application;
12.6.2. Use of supporting goods/materials that the Client provide his/herself ;
12.6.3. The Client ordered Massage Service not through the Maxim mobile app;
12.6.4. Failed to provide accurate information regarding the Client health condition and/ or misuse the Massage & Spa service as referred in paragraph 12.3 and 12.4 above.
12.7. Maxim prompt the Client to be cautious when interacting with any Service Providers, Client should exercise caution and common sense to protect your personal safety, details and property. Accordingly, Maxim not guarantee or warrant and make no representation regarding the reliability, quality or suitability of Service Providers. Maxim have no obligation in respect of services they may provide.
12.8. The Client will pay the price of the Massage & Spa service based on duration and the types of Massage & Spa service at the nominal price on the Maxim mobile app. If you wish to extend the time you have booked, Service Providers will endeavour to fulfil your request. This subject to the availability of the Service Providers and also payment of an additional charge for the extended time calculated in accordance with the Massage price. The provision regarding prices also refer to Article 11.8.