WORK RULES OF E-HAILING SERVICE “MAXIM”
WORK RULES OF E-HAILING SERVICE “MAXIM”
SECTION 1. GENERAL PROVISIONS
1.1. This document addressed to any individual (hereinafter referred to as the “Client”) is an official offer of E-hailing Service “Maxim” (hereinafter referred to as the “Service”) and contains all essential conditions of provision of Services aimed at registering the Client’s order in the software and hardware system of the Service and providing the information on the order follow-up status to the Client.
1.2. In accordance with the current laws of Malaysia, this document is a public offer. Booking a vehicle through the Service by any of the methods specified in these Work Rules shall be treated as acceptance, which is considered equivalent to the conclusion of a contract on the terms set forth therein. These Work Rules are posted on the official website of the Service https://www.taximaxim.com/my/.
1.4. The Client must carefully read the text of these Work Rules. Should the Client not agree with any of its terms, he/she is kindly advised to refrain from using the services.
1.5. Terms and definitions used to fulfill the conditions of these Work Rules:
1.5.1. “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. The Client is able to order the service for including, but not limited to: transportation of passengers and luggage, delivery of freights and goods. The Service does not provide the Client with services for a transportation of passengers and luggage and any other services, including delivery of freights and goods. Service shall be the agent of the Partner for accepting payments from the Client via Internet acquiring and other e-payment methods. Payments from the Client’s personal account is deducted on behalf of the Partner as a fee for the services rendered by the Partner to the Client;
1.5.2. “Order” shall mean an order processed by the system for the services rendered by Partners;
1.5.3. “Partner” shall mean a person that independently, on his/her own, provides services for a transportation of passengers and luggage and/or any other services, including delivery of freights and goods to the Client;
1.5.4. “Profile” shall mean a page in the official website of the Service, containing statistics of the scope of services rendered by Partners and the current status of the Client’s personal account;
1.5.5. “Personal account” shall mean an account where advance payments of the Client and amounts of funds deducted (written off) 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” shall mean the difference at a certain time-point between the amount of funds deposited in the Personal account and deducted from the Personal account;
1.5.7. “Client” shall mean a person placing the order for a service for a transportation of passengers and luggage and/or any other service, including delivery of freights and goods through the Service;
1.5.8. “Route” shall mean a vehicle route between the departure and destination points;
1.5.9. “Pre-order” shall mean an order for services for a transportation of passengers and luggage and any other services, including delivery of freights and goods, accepted minimum sixty (60) minutes in advance and assuming the possibility of the vehicle arrival at the time specified by the Client;
1.5.10. “Current order” shall mean an order assuming the vehicle arrival “as soon as possible”;
1.5.11. “Mobile app” shall mean a computer program installed on the Client’s mobile device and integrated into the software and hardware system, allowing to automate the process of orders online.
SECTION 2. SUBJECT OF THE WORK RULES
2.1. The Service shall provide the Client free of charge with the Services aimed at entering an order into the software and hardware system and informing the Client about the order execution. The Service is not a transport or delivery company, it shall not provide the Client with services for a transportation of passengers and luggage and any other services, including delivery of freights and goods, being the operator transferring an order to the Partner.
SECTION 3. PROCEDURE FOR RENDERING SERVICES
3.1. The Client shall accept the terms of these Work Rules by addressing to the Service to book a vehicle by any means available.
3.2. The Client shall be responsible for the content and reliability of the information provided while placing an order.
3.3. Once an order is placed, the Client’s data are registered in the Database of the Service. The Client’s data shall not be changed or revised without his/her consent.
3.4. The Service shall place an order in the software and hardware system on a free-of-charge basis and grant access to the software and hardware system to the Partner that shall select an order and notify the Service of his/her choice, specifying the arrival time for the selected order. Therewith, the Service shall guarantee solely the entry of the order into the software and hardware system. The Partner shall be responsible for transportation of passengers and luggage and any other services, including delivery of freights and goods.
3.5. The Service shall inform the Client of the vehicle arrival, specifying Partner’s and his/her vehicle’s compulsory details as required by the relevant rules and regulations.
3.6. The Service may accept pre-orders for vehicle provision. The timely arrival of a vehicle shall be the responsibility of the Partner who is notified in advance by the Service of the pre-order. However, the vehicle arrival shall not be guaranteed.
3.7. The Service reserves the right to refuse to provide Services to the Client that disagrees with the terms of these Work Rules, without explaining the reasons for refusal.
3.8. Telephone calls between the Client and the Service shall be recorded for internal control of activities of the Service and quality control of order execution.
3.9. In order to improve the quality of services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform the Service of the cases of violation of the Client’s rights by the Partner by addressing a problem 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, shares the Client’s telephone number with the Partner, as well as the content of the Client’s claim. Further conflict 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 damage either in kind or in cash, pay compensation and/or acceptance by the Service of other obligations not provided for in these Work Rules.
3.11. Should the Client have any questions related to the features of services, he/she shall consult the Service specialist before placing an order.
SECTION 4. RESPONSIBILITIES OF THE SERVICE
4.1. The Service shall place Client’s order free of charge in the software and hardware system and inform the Client about the order execution.
4.2. The Service shall inform the Client about cases of forced vehicle delay.
4.3. The Service shall inform the Client about cases when it is impossible to provide a vehicle.
4.4. The Service shall timely credit the advance payments of the Client to the personal account.
4.5. The Service shall transfer payments from the Client’s personal account to the Partner’s personal account at the Client’s request.
4.6. 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 order execution.
SECTION 5. RESPONSIBILITIES OF THE CLIENT
5.1. The Client shall book services taking into account the time necessary for the vehicle arrival.
5.2. The Client shall take into account the number of seats and the space of the vehicle, as well as the need to equip the vehicle with child restraints.
5.3. The Client shall provide his/her phone number, time and address for the vehicle arrival, vehicle type, trip route, required transportation or delivery conditions.
5.4. The Client shall use the provided vehicle for the intended purpose.
5.5. The Client shall keep the vehicle clean and tidy throughout the route.
SECTION 6. PAYMENTS SETTLEMENT BETWEEN THE CLIENT AND THE PARTNER
6.1. The Service shall provide the Client free of charge with the Services, the subject of which is defined by these Work Rules.
6.2. Payment for the provision of services for a transportation of passengers and luggage and any other services, including delivery of freights and goods shall be carried out directly between the Client and the Partner. The Service shall inform the Client about the cost of services provision. The specified cost shall be calculated based on the rates applied by the Partner that accepted the order for execution. Informing the Client about the final cost of the services shall not mean and may not be regarded as the fact that the services for a transportation of passengers and luggage and any other services, including delivery of freights and goods are provided by the Service.
6.3. The form of settlements for the provision of services for a transportation of passengers and luggage and any other services, including delivery of freights and goods shall be agreed directly by the Client and the Partner without participation of the Service.
6.4. The Service shall not give the Client and Partner any instructions regarding the form and procedure for settlements for the rendered services for a transportation of passengers and luggage and any other services, including delivery of freights and goods.
6.5. The Service shall provide a technical capability for the Client to pay for the services for a transportation of passengers and luggage and any other services, including for a delivery of freights and goods using the following forms:
6.5.1. Advance payment in the self-service terminal by crediting funds to the Client’s personal account;
6.5.2. Non-cash payment using bank cards (if technically possible).
6.6. In case of settlements between the Client and the Partner by advance payment or non-cash payment using bank cards, the Service shall act as the Partner’s agent acting on behalf of and at the expense of the Partner, in terms of receiving funds from the Client. The Service shall assume the obligations of the Partner’s agent only in terms of ensuring the receipt of funds from the Client.
6.7. Non-cash payment using bank cards shall be carried out by credit or debit cards of Visa or MasterCard.
6.8. Registration of the Profile, as well as attaching bank card to the Client’s personal account number shall be required to get the possibility to pay Partners’ services by non-cash payment using bank cards.
6.9. Non-cash payment using bank cards shall be carried out in accordance with the rules of international payment systems on the principles of confidentiality and security of payment and also laws of Malaysia. The security of the data provided by the Client shall be ensured by the compliance of the payment procedures with the requirements of the Payment Card Industry Data Security Standard, and no one, including the Service, may receive them. Bank card data shall be entered on the secure payment page of the acquiring bank, which provides the possibility of non-cash payment for services.
6.10. For confirmation of the possibility of non-cash payment using bank cards, funds in the amount of the cost of the corresponding services for a transportation of passengers and luggage and any other services, including delivery of freights and goods can be reserved on the Client’s bank card at the time of placing an order. In case of cancellation by the Client of the placed order, as well as in other cases when services for a transportation of passengers and luggage and any other services, including delivery of freights and goods were not provided to the Client, the funds reserved on the card shall be returned to the Client.
6.11. Should the Client change the scope of requested services for a transportation of passengers and luggage and any other services, including delivery of freights and goods (changing the route, providing the Client with additional paid services by the Partner, etc.), the cost shall be subject to recalculation. The order shall be paid by the Client in accordance with the scope of the services actually provided.
6.12. The Client and the Partner shall be entitled to agree on other forms of payment for the provision of services for a transportation of passengers and luggage and any other services, including delivery of freights and goods not provided for in these Work Rules, including payment for services in cash and by other means that do not contradict the current laws of Malaysia.
6.13. The Partner shall be entitled to establish a fare for the provision of the additional services to the Client, including:
6.13.1. Waiting for more than established period of time from the moment the Client is notified of the car arrival;
6.13.2. Oversized luggage transportation in the boot of a vehicle.
6.14. The Partner shall be entitled to establish a penalty for the Client’s refusal from the trip after the car arrival at the address specified by the Client. The penalty amount shall be determined by the Partner.
6.15. The Service shall inform the Client of the rates established by the Partner for the provision of additional services and the penalty. At the same time, payment for the provision of additional services, payment of the penalty shall be made directly to the Partner in the form agreed by the Client and the Partner.
6.16. The 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 Service.
6.17. The Service shall be the customer of the services on the promotion of its product (E-hailing Service “Maxim”), and the Partner shall be the contractor promoting the product of the customer. Within this relationship the Partner shall render free carriage or carriage at a reduced cost at the expense of the Service. The funds for the trip shall be credited to the personal account of the Partner opened in Service.
6.18. The Service shall be the supplier of Services granting licenses for access to the order database to Partner. Funds for the license shall be deducted from the personal account of the Partner opened in Service.
6.19. Positive balance of the personal account of the Partner shall deem indebtedness of the Service to the Partner.
6.20. Negative balance of the personal account of the Partner shall deem indebtedness of the Partner to the Service for the Services rendered by it.
6.21. The Partner shall be entitled to request payment of the indebtedness from the Service by sending an electronic request, the bank details of the bank card are specified in the authorized mobile application.
6.22. The Partner shall be an independent economic entity and he/she is solely and completely responsible in regard to tax and insurance issues.
SECTION 7. LIABILITY OF THE PARTIES
7.1. The parties shall be liable for non-performance of their obligations hereunder subject to the laws of Malaysia.
7.2. The Service shall not be liable for any interruptions in the provision of Services in the event of failures of software or hardware not belonging to the Service.
7.3. The Service shall not be liable for complete or partial interruptions in the provision of Services related to replacement of hardware, software or carrying out other works required to maintain performability and development of technical means of the Service.
7.4. The Service shall not be liable for direct damages, lost profit incurred by the Client as a result of the use of Services.
7.5. The Service shall not be responsible for the Partner’s failure to perform his/her obligations.
SECTION 8. DISPUTES RESOLUTION
8.1. The parties shall resolve disputes and disagreements related to these Work Rules through negotiations.
8.2. Should it not be possible to resolve disputes through negotiations, they shall be resolved subject to the current laws of Malaysia.
SECTION 9. SPECIAL TERMS
9.1. By agreeing to the terms of these Work Rules, the Client expresses his/her consent to receive information, as well as promotional information (including social media messaging applications) distributed via mobile networks for the purpose and in case, where necessary, for such consent is provided for by the current Malaysian advertising laws.
9.2. By agreeing to the terms of these Work Rules, the Client also expresses his/her consent to the below mentioned special terms and conditions related to the services for a delivery of freights and goods:
9.2.1. The following items are strictly prohibited for delivery: fragile items (including flowers, cakes) that require special handling; perishable items; hazardous, explosive, flammable and unsafe items (including power banks); valuable items and documents; credit or debit cards; illegal substances; live animals and plants; any unpacked/loose items that can be easily damaged in transit; counterfeit goods; animals (live or otherwise); bullion, currency in any denomination, tax stamps/stickers, bearer forms or negotiable instruments, precious metals/stones; real or imitation weapons including firearms or parts thereof, explosives or ammunition; human remains or body parts; pornographic materials.
9.2.2. The Partner shall cooperate with in relation to any criminal investigation that is required and to assist Service in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place. The Partner shall have the right to refuse delivery if the delivery item falls within the categories listed at paragraph 9.2.1 above. The Partner shall also assume full responsibility and liability for all loss or damage suffered by himself/herself, any Client, Service or any third party as a result of any breach of these Work Rules.
9.3. The Client represents and warrants that:
9.3.1. He/she is either the owner or authorized representative of the owner of the delivery item, and that he/she is authorized to accept and he/she accepts these Work Rules for himself/herself or as a representative acting for and on behalf of the owner of the delivery item;
9.3.2. He/she is responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by him/her are accurate and complete. Service shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by the Client;
9.3.3. He/she is duly authorized by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to the Service and the Partner;
9.3.4. The description and specific details of the delivery item which he/she provides are accurate and complete. Before delivery commences, he/she must inform the Partner of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature;
9.3.5. The delivery item complies with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; (h) prohibited based on the provisions stipulated in the ASEAN Framework Agreement On The Facilitation Of Goods In Transit (including Protocol 9); and/or (i) regulated by other relevant authorities;
9.4. The Service and/or the Partner has the right to open and inspect the delivery item without prior notice to the Client based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and the Service and/or the Partner has the right to refuse the receipt and delivery of such delivery item;
9.5. The delivery item has been packed by himself/herself personally, is properly and sufficiently prepared, packed, stowed, labeled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item;
9.6. After the delivery item is delivered, he/she shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by him/her or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of him/her or the recipient);
9.7. As a general rule he/she shall not be entitled to cancel his/her booking once he/she has received confirmation of the same. If he/she cancels his/her booking after it has been confirmed, he/she remains liable to pay the delivery booking fee in full. He/she remains liable to pay the delivery booking fee in full where the recipient whom he/she indicated is unreachable physically or uncontactable after five (5) minutes from the time that the Partner arrives at the designated delivery location. Service and the Partner will have the right to not proceed with his/her booking in the following circumstances: (a) where the requested delivery location falls outside the delivery zone offered; (b) failure to contact him/her by phone or other means at the time of confirming the order booking; (c) failure to deliver his/her order due to lack of information, direction or authorization from him/her at the time of delivery; or (d) the recipient whom he/she indicated is unreachable physically or uncontactable after five (5) minutes from the time that the Partner arrives at the designated delivery location.
9.8. The Client agrees to assume full responsibility and liability for all loss or damage suffered by himself/herself, the Partner, Service or any third party as a result of any breach of these Work Rules.
9.9. The Service may amend these Work Rules at any time. Such amendments shall be effective once they are posted on the official website of the Service https://www.taximaxim.com/my/. It is the responsibility of the Client to review these Work Rules regularly. Client’s continued usage of the Service after any such amendments, whether or not reviewed by the Client, shall constitute Client’s agreement to be bound by such amendments.
Representative of E-hailing Service “Maxim”:
Company’s name: AIST MALAYSIA SDN. BHD.;
Registration No.: 201801043525/1305557-H;
Legal address: No.18-2, Jalan 2/114, Kuchai Business Centre,
Off Jalan Klang Lama, 58200, Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur;
Business/correspondence address: No. 22A, First & Second Floor, Jalan Putra Square 6, Kuantan, Pahang, 25200, Malaysia
The original of these Work Rules is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.