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Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I ACCEPT” button or by using Maxim’s services (i.e. account registration, ordering the services), You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND MAXIM IN RESPECT OF THE USE AND SERVICES OF THE SITE.
I. Definitions.
For the purpose of this Terms and conditions, the following terms shall have the following meanings.
1. “Services” shall mean information services focused on receiving, processing and transmission of the Client’s order to the Partner and communicating the Order follow-up status to the Client.
2. “Order” shall mean a service Order processed by Maxim and provided to the Partners.
3. “Partner” shall mean a person that independently provides transport services and/or any other services, including delivery of freights and goods to the Client.
4. “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.
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 withheld. The Personal account has a unique number and is generated by Maxim.
6. “Personal account balance” shall mean the difference as of a certain time-point between the amount of cash deposited on the Personal account and deducted from the Personal account till this time-point.
7. “Client” shall mean a person placing the Order for transport services via Maxim Service. It shall also mean and include any person using the Sites for placing the Order for transport services and other services.
8 “Maxim” :- Aist Technology India Private Limited, (CIN) U74999TZ2021FTC036763 having registered address at Door No. 16, GF, VJ Business Centre GRG layout, Trichy Road Coimbatore TN 641018 IN.
9. “Route” shall mean a vehicle route between the departure and destination points.
10. “Pre-order” shall mean the Order accepted a minimum 60 minutes in advance involving the arrival of a vehicle at the time specified by the Client. Maxim shall only provide information of the Partner/Driver to the client and time of arrival.
11. “Current order” shall mean the order assuming arrival of a vehicle “as soon as possible”.
12. “Mobile app” shall mean the computer software installed on the Client’s mobile phone and integrated into Maxim software-information complex, allowing to automate the Orders generation process via the Internet.
II. General Provisions.
1. This document, addressed to any natural person under 18 years old (hereinafter referred to as the Client), is an official offer of Maxim and contains all essential conditions of provision of Services.
2. Booking a vehicle by Mobile app and any of the methods specified in these Terms of Use shall be treated as acceptance of these Terms of Use. Terms of Use are posted on official websites https://legal.taximaxim.com/?country=IN on the Internet.
3. Maxim hereby provides Services focused on registering the Order in the software-information complex and communication of the Order follow-up status to the Client. Maxim is not a transport company, it 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 Partner.
4. Please read the text of this Offer attentively and, should Client disagree with any terms and conditions thereof, Client is not entitled to use the Services.
5. By accepting these Terms of Use, the Client also agrees to the Privacy Policy of the Service, regarding the processing of personal data available at https://legal.taximaxim.com/privacy/?country=IN. The Client also accepts to the terms of bonus and promo codes available at https://legal.taximaxim.com/bonus-program-rules/?country=IN&intl=en-US.
III. Manner of Services.
1. The Client hereby accepts these Terms by addressing Maxim to place an Order by any available means.. Full list of services rendered by Partners is available in the Mobile app or website https://taximaxim.com/in.
2. The Client is responsible for the content and reliability of information communicated while placing the Order.
3. Once the Order is placed, the Client’s data and the details of the ordered services are registered in the Maxim Database. Maxim does not change and does not revise the Client’s details without his consent.
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 Partner, who selects the Order and notifies Maxim Service of its choice accordingly with mentioning the arrival time under such Order. Maxim hereby undertakes only to grant Partners access to the order, the Partner is solely responsible for Order execution. . It is informed that the Partner/Driver is not an employee of Maxim. Maxim only provides informational service to the Client and services rendered Partner/Driver are not controlled by Maxim by any means.
5. Maxim shall inform the Client about the procedure and characteristics of the service provided, specifying all the essential information necessary for proper and correct performance of the service by the Partner.
6. Maxim may accept Scheduled Orders for service provision. The timely provision of the service shall be the responsibility of the Partner notified in advance by the Service of the Scheduled Order. However, the provision of the service shall not be guaranteed by Maxim.
7. Maxim reserves the right to refuse to provide Services to the Client that disagrees with the Terms, without explaining the reasons for refusal.
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.
9. In order to improve quality of services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform Maxim of the cases of violation of the Client’s rights by the Partner by addressing a problem using the electronic feedback service or in writing to Maxim’s address. In this case, Maxim notifies the Partner about the problem received from the Client, shares the Client’s telephone number to the Partner, as well as the content of the Client’s problem. Further this conflict is settled between the Client and the Partner 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.
10. While collecting and processing Client’s personal data, Maxim is guided by Privacy policy available at https://legal.taximaxim.com/privacy/?country=IN.
11. Should the Client have any questions related to specification of Services, he needs to consult Maxim before placing the Order.
IV. Maxim’s Responsibilities.
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.
2. Shall inform the Client in case of induced vehicle delay.
3. Shall inform the Client, if the Partner is not able to provide a vehicle.
4. Shall credit the Client’s advance payments to the Personal account in due time.
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.
6. Shall do all the reasonable efforts to connect Client with a Partner & the services are subject to the availability of Partner in or around Client’s location at the moment of Client request for Services.
7. Shall encourage all its clients to take full responsibility for his/her items. In case of lost items during the journey, Maxim shall try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
V. Client’s Responsibilities.
1. Shall order Services taking into account the time necessary for the vehicle arrival.
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.
3. Shall communicate the Client’s telephone number, time and vehicle arrival address, its type, route and required conveyance conditions.
4. Shall use a vehicle provided according to its intended purpose.
5. Shall keep a vehicle clean and tidy through the entire route of the trip.
6. Shall not use the Service or Application to cause nuisance, annoyance or inconvenience.
7. Shall provide Maxim with whatever proof of identity we may reasonably request for the purposes of rendering Services.
8. Shall keep account password information confidential or Any other identification we provide Client which allows access to the Service and the Application.
9. Shall not force the Partner to overload the storage space of the vehicle with luggage and break traffic rules.
VI. Responsibility of the Parties.
1. The Parties shall be responsible for mis-performance of their obligations hereunder subject to India's legislation.
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.
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 performance ability and development of hardware subject to prior notice of the Client.
4. Maxim is not responsible for direct damages, lost profit incurred by the Client as a result of enjoyment of Services.
5. Maxim is not responsible for the Partner’s failure to perform his undertakings under transport services contract.
6. THE SERVICES ARE PROVIDED "AS IS " AND "AS AVAILABLE". MAXIM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Maxim MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY OF THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL NOT BE INTERRUPTED OR WILL BE UNINTERRUPTED. FREE OF ERRORS. MAXIM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SECURITY OR ABILITY OF THIRD PARTY SUPPLIERS. CLIENT AGREE THAT ALL RISK ARISING OUT OF CLIENT’S USE OF THE SERVICES AND ANY SERVICE OR REQUESTED IN CONNECTION WITH THOSE WILL BE SOLELY CLIENT’S, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
VII. Disputes Settlement.
1. The Parties shall settle down any disputes and disagreements associated with this Offer by way of negotiations and amicable settlements.
2. Should it be not possible to settle down the disputes by way of negotiations, they shall be settled subject to current India laws and/or regulations.
All disputes are subject to the jurisdiction of courts of Delhi.
VIII. Settlements between the Client and the Partner.
1. Maxim provides information services to the Client on a free of charge basis. The published advertisements related to price carry information related to minimal prices however the actual price depends on multiple factors. Charges may vary depending on travel time, waiting time, distance covered and other possible factors.
2. Settlement for Services is carried out directly between the Client and the Partner. Maxim communicates the cost of transport services to the Client. The specified cost is calculated on the basis of fares applicable by the Partner, 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.
3. A form of settlement for transport services is directly agreed by the Client and the Partner without Maxim’s participation. The Client is choosing a form of settlement in the Mobile application and the Partner decides whether to accept or decline the Order with the proposed form of settlement.
4. Maxim does not give the Client and the Partner any instructions regarding the form and procedure of making payments for the passengers and luggage conveyance services, freight conveyance services.
5. Maxim may provide technical capability of payment for Orders by the Client in the following forms:
(1) advance payment in the self-service terminal by cash crediting to the Client’s Personal account;
(2) wire transfer using bank cards (if the technical capability is available).
6. Non-cash payment using bank cards shall be carried out by credit or debit cards of Visa or MasterCard).
7. To get the possibility to make payment for the Partner’s services through wire transfer using bank cards, it is required to register in Profile, as well as to attach the bank card to the Client’s Personal Account.
8. Maxim provides Non-cash payment options by integrating third-party payment gateway.
9. Wire transfer payment using the bank cards is carried out in accordance with the Reserve Bank of India 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 Reserve Bank of India 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.
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.
11. Should the Client change the scope of the transport services requested (change of the route, provision of additional fee-based services to the Client by the Partner and etc.), the corresponding cost is subject to recalculation and be paid by the Client in accordance with the scope of services actually provided.
12. The Client and the Partner have the right to agree on any other forms of payment for the provision of 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.
13. In case Maxim facilitates payments through the advance payment or bank transfers Maxim is merely ensuring technical availability of these payment methods by integration with a third party payment gateway service.
14. Maxim shall be the supplier of information services granting licenses for access to the order database to Partner. License fees shall be deducted from the personal account of the Partner.
IX. Refund Policy.
Any misperformance of booking is the responsibility of the driver only. Maxim can only offer help in communications and address the complaint to the driver. Disputes related to payments should be settled with the driver directly and not with Maxim.
X. Termination.
1. Maxim may terminate Client’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information. associated with Client’s membership. If Client wishes to terminate Client’s account, Client may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
2. We reserve the right to suspend, restrict or terminate Client’s access to any Maxim services at any time without notice if we have reasonable grounds to believe Client has breached any of these Terms. This shall not limit our right to take any other action against a Client that we consider appropriate to defend our rights or those of any other person.
XI. Feedback, issues and complaints.
1. Client may rate a Ride after its conclusion, and Client must be fair, accurate and non-defamatory while leaving complaints, comments, feedback, testimonials, or reviews on or about Rides, Drivers, Services, or the Booking Services.
2. All issues, complaints, opinions, suggestions, questions, and feedback while accessing the Services or Booking Services should be notified to Maxim via e-mail or communicated to Maxim through the Application Support category.
3. Client must report any issue Client have with the Application or Support Services to Maxim within 2 days of the relevant issue occurring, otherwise Maxim may not be able to address such issue.
4. Maxim will endeavor to respond to Client within 2 (two) Business Days after Client report an issue, and Maxim will endeavor to resolve such issue as soon as reasonably possible. Maxim notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritized over others. Maxim may not be able to resolve all issues, and Maxim will not be liable where Client is not satisfied with the handling or resolution of (or failure to resolve) an issue relating to the transportation services provided to client by Partner.
5. If Client forget or lose any luggage or property in a Vehicle during a Ride, Client should contact Maxim as soon as possible (and any event within 24 (twenty-four) hours), and Maxim will try to locate the items. If Client’s luggage or property is found, Maxim will contact Client and advise Client of how Client will be able to collect Client’s luggage or property. Unless otherwise agreed (in Maxim’s sole and absolute discretion), Maxim will not deliver any luggage or property items to Client (and if Maxim agrees to do so, Maxim may charge Client a reasonable fee for doing so). In no event will Maxim be liable for any loss or damage to Client’s personal effects and luggage.
X. Special Conditions.
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. Clients may opt out of receiving promotional ads by using unsubscribe links in the relevant e-mail or message or by writing an email about the same to the address listed in Privacy policy.
2. Clients are under no obligation to use any of the Maxim services and may choose to stop using any of them any time. Client will be able to cancel Client’s registration for the Maxim app and cancel Client’s account with us and/or to delete any details we hold about Client in respect of Maxim by contacting the Company. Client shall still be obliged to make any payment for any Services provided or booked up to and including the time Client decides to no longer use any of Company services and/or the time Client delete any details Company hold about Client.