1. General Provisions
1.4. The Client acknowledges that Maxim does not provide public transportation or taxi services to the Client. Maxim is not a transportation or taxi company and does not have any employment relationships with Partners of Maxim Service. Partners of Maxim are solely responsible for obtaining all valid licenses necessary for providing taxi services.
2. Terms and Definitions
2.1.2. Order shall mean a request for one of the Services to be processed by Maxim’s software-information complex.
2.1.3. Partner shall mean a person who independently, on his/her own, under his/her full responsibility, provides Services to the Client.
2.1.4. Personal Account shall mean a secure account, where advance payments of Client and amounts of cash deducted (written off) from these payments are recorded. Personal account has a unique number and is generated by Maxim.
2.1.5. 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 it during a certain time-point.
2.1.6. Client shall mean a person who places the Order in a software-information complex by any means using Maxim Service.
2.1.7. Route shall mean a vehicle route between the departure and destination points.
2.1.8. Advance Order shall mean the request for the Order made via Maxim Service minimum 60 minutes in advance of the time specified by the Client.
2.1.9. Current Order shall mean a request for the Order with the anticipated execution time "as soon as possible".
2.1.10. Mobile App shall mean a computer software installed on the Client’s mobile phone and integrated into Maxim’s software and information complex, automating the Orders generation process online.
3.1. Maxim hereby provides free information services of transmission the Order from the Client to the Partner and communicating the Order’s follow-up status to the Client.
3.2. The Client, by placing the Order through Maxim Service, expresses his/her intent to receive one of the following services from the Partners (in different cities of Maxim presence, the list of available services may vary):
3.2.1. inserting the Order in Maxim’s software and information complex through the Mobile App;
3.2.2. receiving information about the Order's status;
3.2.3. taxi services provided by Maxim’s Partners;
3.2.4. delivery and courier services;
3.2.5. starting the car engine;
3.2.6. loading and unloading works;
3.2.8. transportation of animals;
3.2.9. meeting with a sign at airports and train stations.
3.3. Being an intermediary, Maxim provides a technological platform aiming to register the Client’s Order and to inform the Client about the Order’s status on a free-of charge basis. Transportation Services are provided by independent Partners who are not employed or affiliated by Maxim.
4. The Manner of Services
4.2. The Client is responsible for the content and reliability of information communicated while placing the Order and Maxim bears no responsibility and liability under any circumstance for reliability and completeness of information.
4.3. Once the Order is made by the Client, the Client’s data is registered in Maxim Service. Maxim does not change and does not revise the Client’s data without the Client’s consent.
4.4. Maxim grants access to the Orders, placed by the Clients, to the Partners, who then select the Order and notify Maxim of their choice indicating the estimated arrival time. Maxim hereby guarantees to register the Order and communicate it to the Partner. The Partner is responsible for the Orders execution.
4.5. Through the Mobile App, Maxim informs the Client about the Order current status, brand, model, color of the vehicle and its plate number.
4.6. The Client may place an advance Order if this option is available in the territory where the Client wishes to make the Order. The Partner shall be notified about the pre-order in advance by Maxim. The Partner is responsible for ensuring the vehicle arrival on time, however, arrival of a vehicle in time in this case is not guaranteed.
4.8. 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 notify Maxim of the cases of violation of the Client’s rights committed by the Partner by addressing a problem using the electronic feedback service or by writing to the Maxim’s address. Maxim may facilitate the parties in the resolution of a conflict. The content of this paragraph does not and cannot be deemed to be interpreted as Maxim’s obligation to compensate the damages or harm inflicted on the Client by the Partner. In some cases, however, Maxim may voluntarily accept to compensate for the Client.
4.9. When collecting and processing the Client’s personal data, Maxim shall be guided by the provisions of the Turkish Law dated March 24th, 2016, No.6698 " Personal Data Protection Law", as well as the provisions in the Personal Data Processing Policy regarding personal data processing.
4.10. When the Client creates an account, he accepts that Maxim might send text messages (SMS) with promotional information (including messages sent via Internet messengers). The Client is entitled to opt out from receiving of these messages by sending the request to Maxim via Mobile App or Maxim’s Website.
5. Maxim’s Responsibilities
5.1. Maxim shall register the Client’s Order free of charge in the software-hardware complex and communicate the Order follow-up status to the Client.
5.2. Maxim shall inform the Client about cases of a forced delay in Services provision.
5.3. Maxim shall inform the Client if it is not possible to provide the Services.
5.4. Maxim shall timely credit the advance payments of the Client to the Client’s Personal Account.
5.5. Maxim shall transfer payments from the Client’s Personal Account to the Partner’s Personal Account at the Client’s request.
5.6. Maxim shall timely detect and prevent attempts of unauthorized access to the information provided by the Client and / or its transfer to persons who are not directly related to the Order’s execution.
6. The Client’s Responsibilities
6.1. The Client shall place the Order taking into account the amount of time required for the Order execution.
6.2. 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 in case of carrying of an animal.
6.3. The Client shall keep the vehicle clean and tidy during the whole route.
6.4. The Order made by the Client shall contain all necessary information required for the Order execution, including anticipated time of a vehicle arrival, addresses of a vehicle arrival and destination points, trip route, required transportation conditions, other information.
7. Payment Settlements between the Client and the Partner
7.1. Maxim shall provide Services to the Client on a free of charge basis.
7.2. Payment settlements between the Client and the Partner shall be carried out directly between the Client and the Partner without direct participation of Maxim. Maxim only communicates the cost of the Order to the Client. Informing the Client about the final cost of the Order shall not imply in any case that the Order is performed by Maxim or its employees. The cost of the Order is calculated depending on the tariff applied by the Partner, the distance of the Route, the total time for the Order performance. The cost of the Order may be influenced by some other factors as well, such as weather conditions, traffic situation, time of day, etc.
7.2.1. Maxim may calculate the approximate cost of the Order and propose it to the Client and the Partner. The Partner is at liberty not to perform the Order or change the cost of the Order if the Partner disagrees with the cost of the Order proposed by Maxim.
7.2.2. The Cost of the Order proposed by Maxim may be reduced during periods of promotion campaigns and/or special offers. In this case reduction of the Order cost shall be the discount provided to the Client. The discounted amount as well as conditions to get such discount shall be determined by the conditions of the respective promotion campaign and/or special offer.
7.3. Maxim does not provide to the Client and the Partner any instructions regarding the form and procedure of making payments for the services provided by the Partner to the Client.
7.4. Maxim ensures technical capability of payment for the Order by the Client via electronic payment methods.
7.5. When making settlements between the Client and the Partner by advance payments or wire transfer using bank cards, Maxim shall be the agent of the Partner acting on behalf of and at the expense of the Partner when receiving payments from the Client via e-payment methods and crediting them to the Partner’s personal account. Maxim deducts payments from the Client’s personal account and credits them to the Partner’s personal account in the amount equal to the size of the fee for the services rendered by the Partner to the Client. Maxim assumes the obligations of the Partner’s agent only with regard to ensuring receipt of funds from the Client.
7.6. Payment information, as well as bank card details are entered on the secure payment page of the acquiring bank, which ensures the possibility of non-cash payments for the Services.
7.7. For confirmation of the possibility of bank transfer payments using bank cards, funds in the amount of the cost of the Order can be reserved on the Client’s bank card at the time when the Order is placed. In case of the Order cancellation by the Client, as well as in some other cases, when the services have not been provided to the Client, the funds reserved on the Client’s card are to be returned to the Client.
7.8. Should the Client change the route of the Order, the corresponding cost is subject to recalculation and shall be paid by the Client in accordance with the scope of the services actually provided.
7.9. The Client and the Partner may agree on any other forms of payment for the services requested, which are not set forth in these Rules, including payment for services in cash and by other means that do not contradict the current legislation.
7.10. Partner may establish the payment for the provision of the additional services to Client.
7.11. Partner may establish a penalty if the Client refuses the Order after the Partner’s arrival at the pick-up point agreed in the Order. The penalty amount is determined by the Partner.
7.12. Maxim shall inform the Client of the rates fixed by the Partner for the provision of additional services and/or penalties. In this case payments for additional services, penalty payments are made directly to the Partner in the form agreed by the Client and the Partner.
7.13. Maxim is not a beneficiary and shall not get any profit from the payments made by the Client to the Partner. 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.
8. Liabilities of Parties
8.1. The Parties shall be responsible for non-performance of their obligations hereunder subject to the laws of Republic of Turkey.
8.2. Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not caused by Maxim or Maxim’s employees’ direct actions/luck of actions.
8.3. 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 performability and development of Maxim’s hardware, subject to prior notice of the Client.
8.4. Maxim is not responsible in law, tort or equity for direct and indirect, special, consequential, punitive or exemplary damages, lost profit, lost data incurred by the Client as a result of the use of the Services (even if Maxim has been advised of the possibility of such damages).
8.5. Maxim is not responsible for the Partner’s failure to perform his obligations.
8.6. Maxim is not responsible to the Client for any actions of third parties, including the Partner, as a result of which the Client has incurred any damages, including lost profit.
8.7. The Partner shall be solely liable to the Client for the proper performance of the Services, as well as for any damage caused by the Partner, including loss or damage of Client’s property. The Partner shall also be solely responsible to the Client for any and all claims, judgments and liabilities resulting from any accident, loss or damage, including, but not limited to, personal injuries, death, total loss and property damage which are due to or are alleged to be resulted from the services provided by the Partner to the Client or by third parties’ actions under the terms of the Agreement.
8.8. The Client acknowledges that the Partner shall be responsible for being aware of and complying with all local regulations and laws in connection with the services provided under the terms of this Agreement and shall be solely responsible for any violations of them. Maxim shall not be responsible neither for the Partner’s actions followed by the Partner’s failure to comply with the regulations, nor for the harm inflicted to the Client and/or third parties due to the Partner’s violations.
9. Disputes Settlement
9.2. Should it not be possible to settle down disputes through negotiations, they shall be resolved subject to the current laws of Turkey within jurisdiction of the Turkish Courts.
10. Special terms