T&C Philippines1. 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 website http://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. Services also include: (i) identifying suitable Carriers; (ii) keeping records of orders; (iii) remotely monitoring trips ordered using the Mobile App; (iv) receiving and dealing with feedback, requests, questions and complaints relating to orders accepted by Maxim, which may be made through Maxim's website, by phone call, via Mobile app or via e-mail: firstname.lastname@example.org The Client is entitled to ask Maxim to connect him with a Carrier to clarify any necessary details as before the beginning of implementation of an order as well as after its completion, or to provide his feedback if any of the conveyance services provided to the Client by a Carrier do not conform to his expectations. Maxim's support service is permenantly available. Besides that, after first order completed, the Client is being offered to undergo the IVR-survey to evaluate the quality of transportation services provided by a Carrier; and (v) managing any lost property queries relating to orders accepted by Maxim. Maxim does not provide the Сlient with conveyance services or any other transportation services. Maxim service shall be the agent of the Carrier 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 Carrier as a fee for the services rendered by the Carrier 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 luggage 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 Order 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 acknowledges that Maxim does not provide transportation or logistic services, it does not operate as a transport vector and that all of these logistic services are provided by third parties independent carriers who are not employees of Maxim or any of their associated companies.
3.3. The Client is responsible for the content and reliability of information communicated while placing the Order.
3.4. 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.
3.5. 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.
3.6. Maxim informs the Client that a vehicle has arrived mentioning its brand, model, color and plate number.
3.7. 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.
3.8. 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.
3.9. 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.
3.10. 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.
3.11. While collecting and processing Client’s personal data, Maxim is guided by the Republic Act 10173 – Data Privacy Act of 2012, as well as the personal data collection and processing procedure set forth in Chapter 10 herein.
3.12. 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 transfer payments from the Client’s Personal Account to the Carrier’s Personal Account at the Client’s request.
4.6. 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. Payments settlement 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. Acting as an agent and as an information- technology administrator within the interaction between the Client and the Carrier, Maxim communicates the cost of passengers and luggage conveyance services and freight conveyance services to the Client and is liable for reception, completeness and accuracy of the presented information entered and/or transmitted by/for 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. The rates that apply for the conveyance services provided by a Carrier can be found on the Maxim’s website and through the Mobile App. These may be modified or updated from time to time. It is Client’s responsibility to remain informed about the current rates for the conveyance services.
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.
6.4.1. The Client understands that use of the Services may result in charges to the Client for the services that he receives from a Carrier (hereinafter referred to as the “Charges”). After the Client has received services obtained through his use of the Services, Maxim will facilitate his payment of the applicable Charges on behalf of a Carrier as disclosed payment collection agent for a Carrier (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by the Client to a Carrier. This payment structure is intended to fully compensate a Carrier for the services provided. Charges will be inclusive of applicable taxes where required by law. Charges paid by the Client are final and non-refundable, unless otherwise determined by Maxim. Refund of payment (or cancellation of a hold operation) should be made in the following cases: (i) canceling an order by the Client; (ii) canceling an order by a Carrier; (iii) changing the original amount of an order; (iv) changing the method of payment; (v) in the event of controversial issues related to the execution of an order. In most cases, refund of payment or cancellation of a hold operation occurs automatically. In the case when funds have not been returned, the Client has the right to apply to Maxim’s support service (via the Mobile App, by phone call, or through Maxim’s website, or by e-mail: email@example.com) or to the issuing bank to protest the operation.
6.4.2. All Charges are due immediately and payment will be facilitated as soon as practicable by Maxim using the preferred payment method designated in the Client’s Personal account. The Client at any time can get a receipt of his payment through Mobile App or in his Personal account.
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. Maxim ensures technical capability of payments through wire transfer using bank cards.
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 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 Bank 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 trunk.
6.14. The Carrier has the right to fix a penalty, if the Client refuses from the trip after the Carrier’s vehicle arrived at the address mentioned by the Client. The penalty amount is determined by the Carrier.
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 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 Carrier 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 this 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 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 indebtedness from Maxim by sending an electronic request, the bank details of the bank card are specified in the TaxSee Driver application.
6.22. The Carrier shall be an independent economic entity and he is solely and completely responsible in regard to tax and insurance issues.
7. Responsibility of the Parties
The Parties shall be responsible for mis-performance of their obligations hereunder subject to the Filipino legislation. Along with that, the Client agrees that the entire risk arising out of his use of the Services, and any service requested in connection therewith, remains solely with him, to the maximum extent permitted under applicable law.
Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not belonging to Maxim.
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.
Maxim is not responsible for direct damages, lost profit incurred by the Client as a result of enjoyment of Services.
Maxim is not responsible for the Carrier’s failure to perform his duties and does not guarantee the quality, suitability, safety or ability of Carriers. Services may be used by the Client to request and schedule transportation or logistics services with Carriers, but the Client agrees that Maxim has no responsibility or liability to him related to any transportation or logistics services provided to him by Carriers other than as expressly set forth in these terms.
8. Disputes Settlement
8.1. The Parties shall settle down any disputes and disagreements associated with this Offer by way of ADR.
8.2. Should it be not possible to settle down the disputes by way of ADR, they shall be settled subject to the current laws of Philippines.
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 Filipino 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 binding Laws and Regulations of Philippines and this Offer.
10.2. The Client is informed that for the establishment and execution of this contractual relationship, Maxim possesses personal and fiscal data, also acquired verbally directly or through third parties, related to you, data qualified as personal under the Republic Act 10173 – Data Privacy Act of 2012.
10.3. Personal data are processed in relation to the contractual requirements and the consequent fulfillment of the legal and contractual obligations deriving from them and to achieve an effective management of the commercial relationship. The data will be processed in written form and / or on magnetic, electronic or telematic support.
10.4. Provision of the data is mandatory for all that is required by the legal obligations and therefore any refusal to provide Maxim with them or the late processing may determine the impossibility of Maxim to proceed with the contractual relationship itself.
10.5. Failure to provide all data which are not attributable to legal or contractual obligations will be assessed from time to time by Maxim and will determine the resulting decisions related to the importance of the data required with respect to the management of the business relationship.
10.6. Without prejudice to communications and dissemination carried out in compliance with legal obligations, the data may be disclosed in Philippines and / or abroad to: our network of agents; factoring company; credit institutions; debt collection company; credit insurance company; commercial information company; professionals and consultants; companies operating in the transport sector; Others.
10.7. The purpose of collecting and processing the Client’s personal data is providing informational services by Maxim to the Client, under conditions determined by the Work Rules 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.
10.8. 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 the Data Privacy Act and related laws and regulations.
10.9. The Client’s personal data is stored exclusively on electronic media and processed using the automated personal data processing systems.
10.10. Should the Client place the Order for a vehicle in any possible way, Maxim collects and processes the following Client’s personal data:
10.10.1. Client’s telephone number;
10.10.2. Vehicle’s arrival address;
10.10.3. The destination address of the route.
10.11. Should the Client register in His Profile at website https://www.taximaxim.com Maxim shall collect and process the following Client’s personal data:
10.11.1. client’s telephone number;
10.11.2. last name, first name, patronymic of the Client;
10.11.3. date of birth;
10.11.4. Client’s email
10.12. Only persons having the direct relation to the execution of the Orders have access to the Client’s personal data.
10.13. 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 Philippines.
10.14. The Client’s personal data is destroyed by Maxim in the following cases:
10.14.1. After expiry of three years after provision of services, which subject is set forth in this Offer;
10.14.2. should the Client revoke his consent for processing of his personal data;
10.14.3. should the Client personally remove His Profile.
The Client’s personal data is destroyed beyond their subsequent recovery.
10.15. Maxim takes efforts to prevent the unauthorized access to the Client’s personal data.
10.16. Data will be processed for the duration of the contractual relationships established and also subsequently for the fulfillment of all legal obligations as well as for future commercial purposes.
10.17. Maxim assigns the employees responsible for personal data processing.
10.18. Maxim takes efforts to prevent the unauthorized access to the Client’s personal data:
10.18.1. 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.
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.
By accepting this Terms and Conditions, the undersigned Client also confirm to have received complete information and express consent to the processing and communication of personal data qualified as personal by the Data Privacy Act within the limits, for the purposes and for the duration specified in the information.
Name: Representative office: AIST MALAYSIA SDN. BHD.
Company No.: 1305557-H
Legal address: Lot 31.02, 31st Floor, Sunway Putra Tower, 100 Jalan Putra, 50350 Kuala Lumpur W. P. Kuala Lumpur Malaysia
Bussiness address: 22A, Tingkat 2, Jalan Putra Square 6, Pekan Melayu, 25200 Kuantan, Pahang, Malaysia