Public Offer
1. General Provisions
1.1. This document addressed to any individual (hereinafter referred to as the "Client") is an official offer of the Maxim: e-hailing & delivery service (hereinafter referred to as the "Service"), containing all the essential terms of the provision of information services for receiving, processing, and entering into the database of the Client's requests for services specified in Clause 1.5 of this offer (placement of the Client's offer to receive services), for the purposes of ensuring access to them by Partners of the Service.
1.1.1. In accordance with Consumer Protection Act No. 68 of 2008 of the Republic of South Africa, the Service is the owner of the aggregator of information about services.
1.2. In accordance with the current laws of the Republic of South Africa, this document is a public offer. Ordering the services specified in Clause 1.5 of this offer shall be its acceptance, which is considered equivalent to the conclusion of a contract on the terms set forth in the offer. The offer is posted on the official website on the Internet: https://taximaxim.com.
1.3. By accepting the terms of this public offer, the Client shall also agree to the Policy of the Service regarding the processing of personal data, posted at https://taximaxim.com.
1.4. The Client shall carefully read the text of this offer. Should the Client disagree with any of its terms, he/she shall be offered to refuse the services of the Service.
1.5. By means of the Service, the Client can place a request for the following services (the list of services may vary in different cities where the Service operates):
1.5.1. freight transportation;
1.5.2. passenger and luggage transportation on request;
1.5.3. courier delivery.
1.6. Terms and definitions used to perform the terms of this offer are the following:
1.6.1. "Services" shall mean the information services aimed at receiving, processing and entering into the database of the Client's requests for services specified in Clause 1.5. of this offer, and informing the Client about the fulfillment of the order.
The Service does not provide any services to the Client independently. 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.
1.6.2. "Order" shall mean an order processed by the system for services provided by Partners.
1.6.3. "Partner" shall mean a person that provides services to the Client independently.
1.6.4. "Profile" shall mean a page on the official website of the Service, containing statistical information on the scope of services provided. In order to register the Profile, it is necessary to provide at least the data on the Client’s subscriber telephone number.
1.6.5. "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.
1.6.6. "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.
1.6.7. "Client" shall mean a person ordering services through the Service.
1.6.8. "Route" shall mean a vehicle route between the departure and destination points.
1.6.9. "Scheduled Order" shall mean an order for a service, accepted minimum 60 minutes in advance, and assuming the possibility to provide the service at the time specified by the Client.
1.6.10. "Current Order" shall mean an order assuming the provision of a service as soon as possible.
1.6.11. "Mobile Application" shall mean a computer program installed on the Client’s mobile device and integrated into the hardware and software system, allowing to automate the process of creating orders via the Internet.
2. Subject of the Offer
2.1. The Service shall provide the Client with the information services on a free-of-charge basis aimed at receiving, processing and entering into the database of the Client's requests for services specified in Clause 1.5. of this offer, and informing the Client about the Order fulfillment. The Service is not a transport company, it does not independently provide the Client with services, including the transportation of passengers and luggage, freight transportation services or any other transport services, being the operator transferring the Order to the Partner.
3. Procedure for the Provision of Services
3.1. The Client shall accept the terms of this offer by addressing to the Service to order a service by any means available.
3.2. The Client shall be responsible for the content and reliability of the information provided while placing the Order.
3.3. Once the Order is placed, the Client’s data shall be registered in the database of the Service. The Service shall not change or edit the Client’s data without the Client’s consent.
3.4. The Service shall place the Order in the Mobile Application on a free-of-charge basis and grant access to the Mobile Application to the Partner that shall select the 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 in the Mobile Application. The Partner shall be responsible for providing the service.
3.5. The Service 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.
3.6. The Service 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.
3.7. The Service reserves the right to refuse to provide service to the Client that disagrees with the terms of this offer, without giving 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 the Order fulfillment.
3.9. In order to improve 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 of cases of violation of the Client’s rights by the Partner by contacting the Service, using 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 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 this offer.
3.10. When collecting and processing the Client’s personal data, the Service shall be guided by the provisions of the Protection of Personal Information Act No. 4 of 2013 of the Republic of South Africa and other applicable laws of the Republic of South Africa, as well as by the Service Policy regarding personal data processing.
3.11. Should the Client have any questions related to the characteristics of the services, he/she shall consult a specialist of the Service before placing the Order.
4. Responsibilities of the Service
4.1. The Service shall place the Client’s Order on a free-of-charge basis in the Mobile Application and inform the Client about the fulfillment of the Order.
4.2. The Service shall inform the Client about cases of forced delay in providing the service.
4.3. The Service shall inform the Client about cases when it is impossible to provide the service.
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 fulfillment.
5. Responsibilities of the Client
5.1. The Client shall order a service taking into account the time required to ensure the performance of the service.
5.2. The Client shall take into account the number of seats and the volume of the load compartment of the vehicle, as well as the need to equip the vehicle with child restraints.
5.3. The Client shall specify his/her phone number, time, and address for the provision of the service, vehicle type, trip route, required transportation conditions.
5.4. The Client shall use the provided service as intended.
5.5. The Client shall maintain cleanliness and orderliness when receiving services throughout the entire time of the Order fulfillment.
6. Settlements between the Client and the Partner
6.1. The Service shall provide the Client with the Services, the subject of which is defined by this offer, free of charge.
6.2. Payment for the provision of services shall be carried out directly between the Client and the Partner. The Service shall inform the Client about the cost of providing services. The specified cost shall be calculated based on the rates applied by the Partner that accepted the Order for fulfillment. The setting of rates by Partners is dynamic, it depends on many factors (condition of street and road network, traffic congestion, time of day, year, dynamics of demand for services, climate conditions, etc.) and may entail difference in rates for homogeneous services at different times. Informing the Client about the final cost of the service shall not mean and may not be regarded as the fact that the service is provided by the Service.
6.3. The method of payment shall be determined by the Client without participation of the Service.
6.4. The Service shall not give the Client any instructions regarding the method and procedure for payment for the services provided.
6.5. The Service shall provide the technical capability for the Client to pay for the services provided using the following methods:
6.5.1. advance payment in the self-service terminal by depositing funds to the Client’s Personal Account;
6.5.2. cashless payment using bank cards (if technically feasible).
6.6. In case of settlements between the Client and the Partner by advance payment or cashless payment using bank cards, the Service shall act as the Partner’s agent 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. Cashless payment using bank cards shall be made via credit or debit cards of the Visa or MasterCard payment systems.
6.8. Registering the Profile, as well as binding a bank card to the Client’s Personal Account number shall be required to get the possibility to pay the Partner’s services by cashless payment using bank cards.
6.9. Cashless payment using bank cards shall be made in accordance with the rules of international payment systems 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 services.
6.10. For confirmation of the possibility of cashless payment using bank cards, 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 services to the Client, the funds reserved on the Client’s card shall be returned to the Client.
6.11. Should the Client change the scope of requested services, the cost shall be subject to recalculation. The Order shall be paid by the Client in accordance with the scope of 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, not stipulated in this offer, including payment for services in cash and by other methods that do not contradict the current legislation of the Republic of South Africa.
6.13. The Partner shall be entitled to set a fee for providing additional services to the Client, including, but not limited to, waiting by the Partner to perform the service for more than established period of time, transportation of large-size items, etc.
6.14. The Partner shall be entitled to establish a penalty for the Client’s refusal from the service after the Client is notified of the provision of the service. 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. However, 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.
7. Liabilities of the Parties
7.1. The Parties shall be liable for non-performance of their obligations in accordance with the legislation of the Republic of South Africa.
7.2. The Service shall not be liable for any interruptions in the provision of services in case 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 operability 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 the services.
7.5. The Service shall not be liable for the Partner’s failure to perform his/her obligations.
7.6. The Service does not provide online mapping services and uses maps published in open public sources. The Service shall not be liable for the designation and description of any geographic object, shall not confirm or disprove the legislative compliance, accuracy and reliability of the description of any geographic object. The service does not express any geopolitical views, does not participate in establishment of state borders and the use by the Service of maps created by third parties shall not be considered acceptance by the Service of their geopolitical views. The Service does not and cannot be held responsible for the actions of government authorities or private entities in any country.
7.7. The Partner of the Service shall be fully liable to the Client for the loss of or damage to the freight accepted for delivery.
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 accordance with the current legislation of the Republic of South Africa.
9. Special Terms
9.1. By agreeing to the terms 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, Instagram, Facebook 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 South Africa.
9.2. By agreeing to the terms of these Terms of Use, 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 Terms of Use.
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 Terms of Use 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; and/or (h) 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 Terms of Use.
9.9. The Service may amend these Terms of Use at any time. Such amendments shall be effective once they are posted on the official website of the Service https://legal.taximaxim.com. It is the responsibility of the Client to review these Terms of Use 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.