LICENSE AGREEMENT (revised on 27th of Mordad, 1399 / 17.08.2020)
1. General Provisions
1.1. This License agreement and its Appendices (hereinafter referred to as the Agreement) are addressed to any natural person who are at least 18 years old (hereinafter referred to as Carrier) and registered in Maxim Service (hereinafter also referred to as Maxim). This Agreement specifies the manner of providing the right to use Database from Maxim Service to Carrier, which contains up-to-date information on existing demand for conveyance of passengers and luggage by a light motor vehicle, conveyance (delivery) of freights (goods), cargo handling operations (hereinafter referred to as Database).
1.3. PLEASE READ THE TEXT OF THIS AGREEMENT AND APPENDICES THERETO BEFORE REGISTRATION. SHOULD YOU DISAGREE WITH ANY CONDITIONS THEREOF AND/OR THE APPENDICES THERETO, YOU SHALL REFUSE FROM USING DATABASE.
1.4. Maxim Service grants to Carrier limited rights to use Database based on a non-exclusive and revocable license.
1.5. The Rules How to Use Maxim Service Database is an integral part hereof.
2. Subject of the Agreement
2.1. In accordance with the provisions of this Agreement Maxim Service, represented by Russia Pars Rayan Ltd, gives to Carrier the rights to use Database containing up-to-date information on existing demand for conveyance of passengers and luggage by a light motor vehicle, conveyance (delivery) of freights (goods), cargo handling operations on conditions of simple (nonexclusive) license in the manner set forth herein, and Carrier shall pay a fee to Maxim Service in the manner and amount set forth herein and/or its appendix (appendices).
2.2. For the purpose of this Agreement Database shall mean an organized structure constituting the set of materials, hardware, software, firmware, as well as the methods and the algorithms (program code) ensuring interaction between Database elements, and designated to systemize, store, process, transform the materials in accordance with Database algorithms. Database materials may be accessed through “TAXSEE Driver” mobile app.
2.3. Acquisition, storage, systemization of information, creation of Database, as well as legal relations between Carrier and Maxim Service in respect of granting access to Database are subject to the provisions of the Electronic Commerce Code, the Cyber Crimes Code and other laws and regulations which are binding according to legal system of Iran.
2.4. Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current law of the Islamic Republic of Iran.
2.5. Carrier may use information, access to which he/she is granted to, at his/her discretion.
2.6. Database includes following materials:
2.6.1. Up-to-date information on existing demand for conveyance of passengers and luggage by a light motor vehicle;
2.6.2. Up-to-date information on existing demand for conveyance (delivery) of goods and/or freights;
2.6.3. Up-to-date information on existing demand for provision of cargo handling operations (if this rate is applicable).
2.7. Materials constituting Database have the following characteristics:
2.7.1. Details on existing demand for conveyance of passengers and luggage by a light motor vehicle:
- Light motor vehicle arrival address,
- Time of a vehicle’s arrival,
- Vehicle category,
- A trip destination address or a trip distance,
- Applicable rate,
- Estimated trip cost,
- Contacts of a person, who placed the order.
2.7.2. Details on existing demand for conveyance (delivery) of freight (goods):
- Vehicle arrival address,
- Time of a vehicle’s arrival,
- Type and list of freight (goods),
- Freight’s (goods“) estimated cost,
- Trip destination address or delivery distance,
- Applicable rate,
- Estimated delivery cost,
- Contacts of a person, who placed the order,
- The name and contact information of a person receiving the freight (goods), - if a person placing the order in Database and a person receiving Order — are different persons.
2.7.3. Details on existing demand for provision of cargo handling operations:
- Address, where cargo handling operations will be provided,
- Time when cargo handling operations are required,
- Type of cargo,
- Contacts of a person, who placed Order.
2.8. The territory, where the right to use Database is provided, is the territory of the Islamic Republic of Iran.
2.9. Access to Database is provided through TAXSEE Driver software supplied by Maxim Service.
3. Registration on Maxim Service Website
3.1. Carrier gets access to Maxim Service’s website by completing the registration form (hereinafter referred to as the registration) personally on Maxim Service website via Internet or locally in Maxim Service’s office. The instructions for successful registration are provided on Maxim Service Website.
3.2. Registration on Maxim Service website shall be deemed to be completed with unconditional acceptance of the conditions hereof.
3.3. Registration is carried out through filling out a special form on Maxim Service website. Maxim Service may request to provide the documents supporting the authenticity of the data mentioned during registration.
3.4. Registration is carried out at the discretion of Maxim Service. Documents and data required for registration shall not entail the absolute obligation of Maxim Service to exercise the registration procedure.
3.5. The user’s ID (login) and password required to get the authorized access to Database are assigned after Carrier’s registration. The user’s ID (login) and password are sent by Maxim Service to the phone number, which was mentioned at the stage of registration.
3.6. Maxim Service may, from time to time, request to provide personal data and documents solely for verification of data provided, and these data are not saved by Maxim Service after the registration is completed.
3.7. Maxim Service saves and processes the following data of the persons, who have registered on Maxim Service website:
3.7.1. User’s name, being it any combination of letters inserted at registration. Carrier specifies his/her name at their own discretion and the name shall not be modified by Maxim Service;
3.7.2. Carrier’s ID (login);
3.7.3. Carrier’s first and last name
3.7.4. Carrier’s national number;
3.7.5. Carrier’s address
3.7.6. Carrier’s mobile phone number;
3.7.7. Type, brand, color and model of vehicle;
3.7.8. Vehicle’s plate number;
3.7.9. Vehicle VIN;
3.8. The Carrier is personally responsible for providing to Maxim Service correct information from the clauses 3.7.1 – 3.7.9, and any other information, including but not limited to information about the Vehicle’s owner, declared bank information, (Sheba, card and account number). The Сarrier is responsible for any allegation brought against Maxim resulting from or relevant to these information.
3.9. By registering on Maxim Service website, Carrier hereby expresses his/her consent to receive promotional ads in any way particularly through the telecommunication channels and allowed Internet messengers for the purposes and in cases, when such consent is required according to binding laws.
4. Maxim Service Fee
4.1. For granting the right for using Database, Carrier hereby is obliged to pay the fee to Maxim Service in amount and on the conditions set forth in Rules How to Use Maxim Service Database.
5. Maxim Service Guarantees
5.1. Maxim Service hereby guarantees that:
5.1.1. It possesses adequate rights to exercise its obligations hereunder;
5.1.2. Execution of this Agreement will not entail violation of any third parties “intellectual rights;
5.1.3. Maxim Service is not bound by any contract, capable of preventing Carrier from using Database on conditions set forth herein;
5.1.4. Maxim Service has neither performed nor will perform any actions, making it impossible to use Database by Carrier on conditions set forth herein.
6. Arrangements and Manner of Database Use
6.1. Carrier may use Database in the following manner:
6.1.1. Acquire information from Database and use such information for performing the services subject to cl. 2.1 of the present Agreement, particularly provide access to such information to third parties (his/her employees, contractors and etc.);
6.1.2. Completely or partially reproduce it in any format and by any means;
6.1.3. Modify it, particularly, translate Database from one language to another;
7. Rights and Responsibilities of the Parties
7.1. Maxim Service has the right to:
7.1.1. Request Carrier to use Database in the manner and form set forth herein;
7.1.2. Similarly to this Agreement award the agreements for assignment of rights to use Database for third parties, particularly on the same territory, where the right to use Database is given to Carrier;
7.1.3. In case if Carrier violates the conditions and fee payment due date to Maxim Service, suspend Carrier’s access to Database until the date when the fee is paid by Carrier;
7.1.4. Suspend Carrier’s access to Database, should Maxim Service receive the documents evidencing Carrier’s illegal use of Database information. Maxim Service suspends Carrier’s access to Database information on the basis of the effective judgments, regulations, which prove the fact of violation by Carrier. These documents shall be submitted in originals or in copies certified by the appropriate court. Access of Carrier to Database is suspended till Carrier clears all violations disclosed.
7.2. Maxim Service shall:
7.2.1. Provide smooth and continuous functioning of Database throughout the validity period of the Agreement;
7.2.2. Provide Carrier with technical and information support services for ensuring money transfer via internet acquiring and other methods of cashless payments between Carriers and their partners and/or contractors. The said services are provided by Maxim Service on a free of charge basis. Maxim Service is entitled to install the fee for these services or make any other amendments in this clause by inserting the corresponded changes in this Agreement.
7.3. Carrier has the right to:
7.3.1. use Database in the manner and form set forth herein;
7.3.2. Request Maxim Service to immediately resolve any problems, preventing the use of Database.
7.4. Carrier shall:
7.4.1. Pay the fee to Maxim Service in the manner and time set forth in the Rules How to Use Maxim Service Database;
7.4.2. Submit to Maxim Service the photo of his/her driver license;
7.4.3. Submit to Maxim Service the photo of the National ID Card;
7.4.4. Submit to Maxim Service the photo of the document stating that Carrier doesn’t have any criminal records;
7.4.5. Submit to Maxim Service the photo of the certificate about drug addiction;
7.4.6. Submit to Maxim Service the photo of the third party liability insurance with covering similar to agencies (Call taxies);
7.5. Carrier is entitled not to provide any Database usage reports to Maxim Service.
8. Provision of Services Related to Cargo, Parcels and Passengers Transportation by Means of Bikes, cars, Cargo Vehicles and Workers
8.1. Transported goods must fit in size of the delivery box installed on a bike or the corresponding compartment of the car or cargo vehicle so that it can be considered standard, as well as in terms of dimensions, volume, weight, material and type complied with the conditions determined by the manufacturer of motorcycles or cargo vehicles. Carrier is entitled to refuse to transport the Goods which don’t fit the capacity of the vehicle.
8.2. When the Goods are transported by a bike, Carrier undertakes to place the parcel into the Maxim’s corporate box and deliver it to the destination address, observing laws and safety. Carrier and Client cannot agree on transportation of packages which are not suitable to be transported by a car or in a box.
8.3. Transportation is acceptable for cargo and goods weighing at most 25 kilograms and with a size of 45*45*45 centimeters for packages transported by bikes;
8.4. Transportation is acceptable for cargo and goods weighing 400 to 600 kilograms for small pick-up trucks (Peikan, Pride, etc.);
8.5. Transportation is acceptable for cargo and goods weighing 1 ton to 2 tons for large pick-up trucks (Mazda, Neisan, etc.).
8.6. The height of cargo must not exceed 1 meter higher than the cabin of pick-up truck. The lengths and width of cargo must be at most equal to the size of the pick-up truck’s cargo area.
8.7. Cargo and goods less than 100 kilograms can be transported by ordinary cars.
8.8. Observance of the provisions of this Article is obligatory, and in case of their violation, liability for any consequences resulting from this violation is borne only by the person who violated the rules mentioned in these Regulations, in this case, Maxim does not bear any liability.
8.9. It is prohibited in any case shipping, purchasing or moving the following items:
a) Any prohibited goods such as alcoholic beverages, narcotic substances, psychedelics, weapons, including cold weapons and firearms, fire-hazardous, flammable/combustible and poisonous substances, instruments of crime and items prohibited by the law of the Islamic Republic of Iran;
b) Valuable documents and articles, like gold and jewelry, antiques, documents imposing bank obligations, like checks, drafts, promissory notes, etc., cash, common coins of the National Bank and foreign coins;
c) Any official or unofficial documents issued by state or private bodies, like a national identity document, national card, insurance, title documents, other;
d) Perishable products;
e) Any live animal, whether domestic or wild.
f) Parcels with a value of more than 50,000,000 rials, which is equivalent to five million tomans.
g) Sensitive goods such as sculptures and paintings,
h) Items made of glass and mirrors without guards and frames;
i) LCD or LED TV without carton and original shock absorber;
j) Prohibited goods and items in accordance with the country’s regulations.
Note1-In the case of placing orders in regard to purchasing and delivering goods, such orders shall be restricted to legal goods supplied through legal and authorized suppliers and shall also be subject to legislations of Islamic Republic of Iran.
Note 2-consumption goods or highly consumed goods are goods purchased for personal use, which are finished by consumption and are regularly and frequently bought for ordinary use of families such as food, cosmetic, etc. These products are subject to definition provided in paragraph "F", Article 1 of the Bylaw on Issuance and Renewal of Business Permits and Supervision on Guild Units in Virtual Space (subject of Note to Article 87 of the Guild System Law) on highly consumed goods which provides: highly consumed products are goods and services existing in the purchase list of a great proportion of the public or that are purchased at least four times a year by consumers.
8.10. From the moment of the goods receipt until the moment of it’s handing over to the person, mentioned by Client as their receiver, Carrier or Worker is liable for its transportation in the same condition, amount, quality and with the packages untouched. Liability for any possible damage to the transported goods is borne by Carrier and Worker, and he/she is also liable for the compensation of the damages resulting from his/her negligence or fault. in case of confirmation of force majeure circumstances, Carrier and Worker shall be released from any liability.
8.11. In cases where address is not found, or Goods are not received by the person, mentioned by Client as their receiver, or the receiver is absent at the mentioned address and it is impossible to contact Client and transfer him/her the Goods, Carrier, having notified Maxim and observing requirements of the law, transfers Goods to the law enforcement authorities.
8.12. Carrier’s duty in relation to the transportation of Goods means only the delivery of Goods to a specific address, therefore, he/she is not liable for taking actions that go beyond the usual procedure of identification.
8.13. Client is responsible for loading and unloading goods, Carrier is solely responsible for the transportation of Goods and control over the proper loading.
8.14. Carrier undertakes to deliver Goods safe and without unreasonable delay to the address and to the person specified in Mobile app.
8.15. Carrier, by accepting this article pledges his/her vehicle as a security, and on this basis, in the event of any damage inflicted to Maxim Service or Clients, Maxim is entitled to use all legal instruments in order to recover the damage caused and receive compensation for damage caused by Carrier’s negligence or fault. The authority of Maxim will not be limited only to pledge operations.
8.16. When entering the recipient’s full address, Client shall specify the recipient's characteristics and his/her own contact details, and also make sure that the recipient is present at the provided address. Client is responsible for the defective or wrong provision of the address or phone number. Carrier is only obligated to deliver the item at the designated location, and has no obligation beyond the identification of the recipient within the standards of common sense. Should the information about the recipient be defective, Carrier has no obligation to identification, even within the standards of common sense.
8.17. If Goods cannot be delivered in time due to the law enforcement authorities’ actions or colliding with another car, both happened without Carrier’s fault, Carrier shall not be considered responsible, and is obliged to inform Client of the delay in transportation or impossibility of transportation. The further transportation of Goods is carried out by means of negotiations between Carrier and Client.
8.18. In any case, where Goods transportation is carried out by a truck, Client undertakes to accompany his/her Goods from the pick-up address to the destination address. Client and Carrier will be responsible for any negligence in this regard.
Note-If the order for purchase and delivery of goods under Note 2 to Article 8.9 of these Rules is placed, Article 8.18 shall not apply.
8.19. Maxim is liable solely for providing information about current need in Goods and passengers transportation by bikes and trucks, as well as Goods by the worker. Maxim shall not be liable for the damage caused to Goods, their partial or total loss, deliberate or accidental, defects, theft, loss of function, unexpected emergency, delay in transportation without a plausible reason, non-receipt of Goods, problem or incident with Goods (caused deliberately or through negligence), resulting with Carrier’s, Worker’s or other persons’ fault, or resulting from an accident. If these circumstances result from fault or negligence of Carrier or Worker, he/she shall be fully liable for it and shall compensate Client for the damage, and Maxim shall be entitled to cancel the access of Carrier or Worker to Database.
Note 1-Maxim Service shall in no way be accountable for not purchasing or partial or wrong purchase or any errors in price, production and/or expiration date, quantity and quality of goods, etc. and is merely a platform between Client and Carrier.
Note 2-In cases where order to purchase is placed, the cost of goods and payment method shall be determined by the Client and Carrier. Maxim Service is no way accountable in this respect.
8.20. Maxim shall not be liable for non-delivery or partial non-delivery of Goods, non-receipt of Goods, transfer of Goods to a wrong person by a mistake because Order is performed by an independent Carrier or Worker personally responsible for the conveyance services. Maxim Service is not responsible for the storage of Goods in case of its non-receipt. Maxim Service is not liable for any payments of damage for Goods since Maxim doesn’t provide the transportation services.
8.21. Maxim Service in some cases at its discretion may provide assistance to Client and Carrier to solve problems and controversies, disputes and conflicts arising from the conditions stipulated in this clause.
8.22. Payment of any damage caused to Goods is subject to notification of the damage caused at the time of receival of Goods. Upon receipt of Goods sent, the person receiving them must inspect it. Client may within 24 hours after the trip is finished report to Maxim Service about the defects of Goods and contact Carrier. After the expiry of this time period Maxim will not be able to bear any liability in relation to the notice of damage of Carrier. Maxim personally shall not be liable to compensate for the damage or loss of Goods, or participate in the negotiations between the parties, however Maxim may, at its discretion and its initiative, help to solve the problems arising in this regard.
8.23. If Carrier conveys forbidden Goods, Maxim Service has the right to restrict or prevent their access to Service as well as follow up the issue before judicial or any other competent authorities.
8.24. In case if Carrier or Worker received a package or cargo from a person who didn’t make Order through Maxim Service, this conveyance services are not considered to be performed through Maxim Service and Carrier or Worker is personally responsible for its performance. Maxim Service shall have no responsibility in this regard.
8.25. Carrier is personally responsible for delivery of Goods to a proper receiver and performing the actions of reasonable determination of that person.
8.26. If any of the provisions of this clause is not observed, Carrier must refrain from delivering the package. Carrier must refrain from delivering the package.
8.27. The customer must always inform when placing the shipment order that they have a large or heavy equipment such as a piano, a side-by-side refrigerator or one with similar size, a sideboard or a cupboard, a library, an over six-person dining or glass table, a treadmill, and other types of equipment over 18 feet or weighing more than 100 kg as well as the total number of floors in which the equipments must be moved. The cost of moving the load by the worker will be calculated and applied based on the number of working hours and the number of floors requested.
9. Liability of the Parties
9.1 The Parties shall be liable for breach of conditions hereof subject to the Islamic Republic of Iran law in force.
9.2. The parties are obliged to fully observe the “Instruction of supervision on activities of ride-hailing services which are subject to the country’s syndicate law” passed by interior ministry and industry, mining and commerce ministry.
10. Disputes Settlement
10.1. The Parties shall take efforts to amicably settle any disputes and disagreements thereunder by way of negotiations.
10.2. The complaint response time and documents submission time for amicable settlement of disputes and disagreements shall not exceed seven (7) business days once the Party has received such complaint and/or the need to submit these documents was originated.
10.3. Should it be impossible to settle disputes and disagreements by way of negotiations, the disputes and disagreements shall be settled at the court of Iran.
11. Special Conditions
11.1. This Agreement does not assume the transfer of any Maxim Service’s exclusive rights for Database to Carrier.
11.2. This Agreement does not require the Parties to rise and/or sign any bilateral acts of jobs acceptance.
11.3. The Rules How to Use Maxim Service Database are an integral part hereof.
11.4. The conditions hereof shall apply to all the persons registered on Maxim Service website unless otherwise is stated herein. Should the Parties sign a separate contract, the conditions of the latter shall apply to the legal relationship between the parties.
Rules How to Use Maxim Service Database
1. Terms and Definitions
1.1. “Carrier/Worker” shall mean a person, who has received from Maxim Service the license for the access to Database. The license contains present time details of the need for conveyance services of Clients and luggage and/or conveyance of cargo by the Worker. Carrier also means a person who is offering the conveyance services to other natural person(s) in a Carrier’s personal car in exchange of Cost of the Order. Worker also means a person who provides cargo handling services under the supervision of the customer and in the place specified by him. The provisions of the present rules of work apply to Carriers as well as Workers, unless the relevant regulations, given their nature and the existing evidence, are only relevant to Carriers.
1.2. “Client” shall mean a natural person, placing Order for Services through Maxim Service.
1.3. “Cost of the Order” shall mean money paid to Licensee by a person, who has placed Order.
1.4.“Database” shall mean an organized structure constituting the set of materials, hardware, software, firmware, as well as the methods and the algorithms (program code) ensuring interaction between Database elements, and designated to systemize, store, process, transform the materials in concordance with Database algorithms. Database materials may be accessed through “TAXSEE Driver” mobile app.
1.5. “Goods” shall mean any parcels, cargo, packages, luggages, other items and being transported by Carrier.
1.6. “Maxim’s fee” shall mean Carrier’s remuneration paid to Maxim Service for granting access to Database, the right to use and modify Database.
1.7. “Maxim Service” shall mean a legal entity granting to Carrier the rights to use Database according to the license agreement and granting to Carrier the rights to use “TAXSEE Driver” mobile app, which is required for getting access to Database.
1.8. “Order” shall mean information on demand to perform a certain type of work (provision of a certain type of services), having certain parameters mentioned in these Rules depending on the type of Order.
1.9. “Personal account” shall mean an account, where advance payments of Carrier and amounts of cash deducted from these payments are captured as payments for granting access to Database. Personal account has a unique number and is generated by Maxim Service.
1.10. “Personal account balance” shall mean the difference as of certain time-point between the amount of cash deposited into Personal account and deducted from the Personal account by this time-point.
1.11. “Services” shall mean information services focused on receiving, processing and transmission of Client’s Order to Carrier and communicating Order follow-up status to Client. Maxim Service does not undertake to provide Client with conveyance services or any other transportation services. Maxim Service shall be the agent of Carrier for accepting payments from Client via Internet acquiring and other e-payment methods. Payments from Client’s Personal account are deducted on behalf of Carrier as the fee for the services rendered by Carrier to Client.
1.12. “TAXSEE Driver” mobile app (hereinafter referred to as Mobile app) shall mean a software provided by Maxim Service to Carrier, designated to provide a remote access to Database to Carrier. The usage of the mobile app is subject to a separate agreement between the Parties.
1.13. Additional services: The Worker only provides equipment handling services. If the Customer wants to provide additional services other than moving the equipments, such as packing or arranging equipment, he must also mention this issue in detail when registering the order. The Customer is responsible for incomplete or incorrect entry of information. The Worker's duty is merely to deliver the consignment at the designated place, so there is no responsibility for him beyond reasonable determination of the receivers’ identity. In case of incomplete information of the recipient, the Worker will not be responsible for authentication (within reasonable limits).
2. General Provisions
2.1. This document (hereinafter referred to as the Rules) describes the conditions and the manner of granting access to Database to Carrier and is an integral part of the license agreement concluded between Carrier and Maxim Service.
2.2. Acquisition, storage, systemization of information, creation of Database, as well as legal relations between Carrier and Maxim Service in respect of granting access to Database are subject to the provisions of the Electronic Commerce Code, the Cyber Crimes Code and other laws and regulations which are binding according to the legal system of Iran.
2.3. Database information is public and freely distributable. Information is not attributed to information restricted or prohibited for distribution according to the current laws of the Islamic Republic of Iran.
2.4. Carrier may use information, access to which he/she is granted to, at his/her discretion.
3. Modification of the Rules
3.1. Maxim Service may unilaterally modify these Rules by publishing the appropriate changes on the website https://www.taximaxim.ir and Carrier is obliged to visit the website every two days. These changes take effect within 7 calendar days after their publication on the website and by that time Carrier is deemed notified. The use of Database after the entry into force of these amendments implies Carrier’s acceptance of these amendments.
3.2. Any amendments of the Rules after they take effect shall apply to all persons who use Database, including those persons, who have started to use Database before the date, when such changes took effect. Should Carrier disagree with the amendments made, Carrier shall stop using Database and inform Maxim Service accordingly,
4. The Rights and Responsibilities of the Parties
4.1. Maxim Service has the right to:
4.1.1. Request Carrier to comply with the conditions of these Rules;
4.1.2. Suspend or prohibit access of Carrier to Database in the manner and under the conditions set forth in these Rules;
4.1.3. modify these Rules;
4.1.4. Record phone calls with Carrier to ensure internal control of the quality of granting access to Database to Carrier and quality control of the services provided;
4.1.5. Carry out scheduled maintenance and functional modification of Database. For a period, while such works are in progress Carrier may be suspended from access to Database;
4.1.6. Suspend Carrier’s access to Database, should Personal account balance become null or negative until the time Carrier tops it up;
4.1.7. Take any other actions including but not limited to granting and maintaining access to Database. The above-mentioned actions must not contradict with the current law of the Islamic Republic of Iran and these Rules;
4.1.8. Suspend or discontinue Carrier’s access to the “TAXSEE Driver” mobile app or Database for any plausible reason.
4.2. Maxim Service shall:
4.2.1. Grant access to Database to Carrier and ensure proper performability and functionality of Database, as well as continuous access of Carrier to Database except for cases of scheduled maintenance and modification of Database operation, as well as in cases of malfunction;
4.2.2. give the right to Carrier to use Mobile app, required to access Database;
4.2.3. Timely account Carrier’s payments on his/her Personal account;
4.2.4. Timely figure out and prevent any efforts of unauthorized access to Carrier’s data and/or its transfer to third parties, which do not have a direct relation to the legal relationship between the parties;
4.2.5. Not change or edit Carrier’s data without his/her consent.
4.3. Carrier has the right to:
4.3.1. Request Maxim Service to grant access to Database;
4.3.2.. use Database in the manner and form set forth herein;
4.3.3. Request Maxim Service to immediately resolve any problems, preventing from the use of Database;
4.3.4. Timely figure out and prevent any efforts of unauthorized access to Carrier’s data and/or its transfer to the third parties, who do not have a direct relation to the legal relationship between the parties.
4.4. Carrier shall:
4.4.1. Timely change Order’s status, particularly in regard of the performed Orders;
4.4.2. Pay for Services provided the fee in the amount and in the order set forth in the clause 6 of these Rules;
4.4.3. Should Maxim Service make any pay-outs to Clients caused by poor quality of services provided by Carrier (Carrier’s partners and/or contractors) to Clients, Carrier hereby is obliged to compensate for losses incurred by Maxim Service in this regard. This compensation is deducted from cash available on Carrier’s personal account. In case the sum is not sufficient, penalties for the fiscal period shall be deemed to be Carrier’s indebtedness, which is discharged from Carrier’s account first once Carrier tops up his/her Personal account. Poor quality of Services provided by Carrier is confirmed through the inspections, carried out by Maxim Service’s employees, which are initiated on the basis of Clients requests. Clients“ requests are being inserted in Maxim’s software-information complex which is a part of Database by Maxim’s employees or by Clients themselves through Clients“ mobile app. Access to these requests is only provided to the Maxim Service’s employees;
4.4.4. Immediately notify Maxim Service, in case of change in the registration details, provided to Maxim Service upon the registration, or occurrence of circumstances making it impossible to close Orders.
5. Order Cost Evaluation
5.1. The cost of Order is determined by Carrier.
5.2. Carrier shares the applicable fares with Maxim Service. Maxim Service calculates the cost of Order based on the details provided by Carrier, considering the parameters of each Order separately.
5.3. When making settlements between Client and Carrier through the wire transfer, Maxim Service is the agent acting on behalf of and at the expense of Carrier in the part of accepting cash from Client to credit it to Carrier’s personal account. Maxim Service assumes the obligations of Carrier’s agent only with regard to ensuring receipt of money from Client and does not assume any other rights and obligations of Carrier.
6. Amount of Fee Payable to Maxim Service (Maxim’s Fee) and Settlement Procedure
6.1. Maxim’s fee payable to Maxim Service for granting access to Database shall be determined as percentage deductions from Carrier’s income (earnings).
6.2. Maxim’s fee is determined for every order separately in Database.
6.3. The amount of Maxim’s fee may be reduced by Maxim Service for a period of promotional offers. In this case reduction of the fee shall be the discount provided by Maxim Service. The amount of discount as well as conditions to get such discount shall be determined by the conditions of the respective promotional offer.
6.4. The amount of the fee payable to Maxim Service may be changed unilaterally through modification of these Rules and publication of the changes made on website https://www.taximaxim.ir. Carrier shall be informed about the amount of the fee revised via TAXSEE Driver mobile app.
6.5. Carrier tops up his/her Personal account in Maxim Service by making advance payments before getting access to Database. Carrier personally determines the amount of money credited to his/her Personal account.
6.6. Payment for services is exercised through deduction of money from Carrier’s Personal Account in the amount equal to the amount of Maxim’s fee, once Carrier has confirmed Order.
6.7. Personal Account is topped up by making advance payments using bank cards by cash crediting to Carrier’s Personal account opened in Maxim Service or by depositing cash in the office of Maxim Service.
6.8. Maxim Service shall be the agent of Carrier for accepting payments from Clients via Internet acquiring and other e-payment methods. If Client places Order through mobile application for Clients or via website https://taximaxim.ir/, Maxim Service is not a beneficiary and shall not get any profit from the payments made by Client. Electronic payment for a trip shall be deducted from the bank card of Client and credited to Personal account of Carrier opened in Maxim. The commission for acceptance of electronic payments is not charged from Carrier by Maxim Service.
6.8.1. In case of accepting Order from Client by phone, Maxim Service is a beneficiary of the funds, received from Client for registering Order in the software-information complex. These funds are the revenue of Service to the full extent. Client shall pay for Order registration to Carrier by any available method of settlements between Client and Carrier. Maxim Service writes off these funds from Personal account of Carrier to the full extent.
6.9. Maxim Service shall be the customer of the services on promotion of its product (Maxim Service), and Carrier shall be the contractor promoting the product of the customer. Within these relationships Carrier shall render free carriage or carriage at a reduced cost at the expense of Maxim Service. The funds for the trip shall be credited to Personal account of Carrier opened in Maxim Service.
6.10. Maxim Service shall be the supplier of information services granting licenses for access to Database to Client. The funds for the license shall be deducted from Personal account of Carrier opened in Maxim Service.
6.11. Positive balance of Carrier’s Personal account shall be deemed to be creditor indebtedness of Maxim Service to Carrier.
6.12. Negative balance of Carrier’s personal account shall be deemed to be indebtedness of Carrier to Maxim Service for the services rendered by it.
6.13. Carrier shall be entitled to request payment of the indebtedness from Maxim by sending an electronic request; bank details of the bank card are specified in TaxSee Driver application.
6.14. Carrier shall be an independent economic entity and he/she is solely and completely responsible for tax and insurance issues before the relevant organizations. Maxim Service is not responsible for Carrier’s failure to perform the obligations in regard of aforesaid issues.
7. Liability of the Parties
7.1. Liability of Maxim Service:
7.1.1. Maxim Service shall be liable for performance of its assumed obligations subject to the legislation of the Islamic Republic of Iran.
7.1.2. Maxim Service shall not be liable for complete or partial interruptions of access to Database by Carrier, which are caused by the replacement of hardware and software or some other scheduled works caused by the need to maintain performability and development of Maxim Service firmware.
7.1.3. Maxim Service shall not be liable for Carrier’s failure to get access to Database in case of third party hardware or software failures which are not Maxim’s fault.
7.1.4. Maxim Service shall not be responsible for Carrier’s damages, lost profit suffered by Carrier because of use of Database by Carrier.
7.1.5. Maxim Service shall not be responsible for damages inflicted on third parties by Carrier resulting from the use of Database by Carrier.
7.1.6. Maxim Service shall not be responsible for Carrier’s failure to comply with the Islamic Republic of Iran’s legislation in force in the field of performing the transportation services. Maxim Service shall not be liable for Carrier’s failure to possess the valid permissions, licenses and the other documents required for performance of said services.
7.2. Liability of Carrier:
7.2.1. Carrier shall be liable for performance of its assumed obligations subject to the legislation of the Islamic Republic of Iran.
7.2.2. Carrier shall be personally liable to a person, who placed Order, for proper performance of Order, as well as for any damage inflicted on such person by Carrier’s actions.
7.2.3. Carrier shall be responsible for the damage inflicted on third parties both in respect of execution of Order and for the actions that do not concern the execution of Order. Maxim Service may act as a mediator between Carrier and the person, who placed Order, to settle these disputes as soon as possible.
7.2.4. Carrier shall meet the following conditions:
a) be a national of Iran or have a valid work permit for foreigners;
b) have a criminal background check certificate or a valid Qualification inquiry from Police Department of Public Safety;
c) have a valid license for the relevant type of vehicle;
d) have a certification of no addiction.
Maxim is not responsible for not meeting any or all of the above-mentioned conditions by the Carrier.
7.2.5. Carrier shall be responsible for observance of all Traffic police regulations, including having a valid driving certificate and it’s on time extension. He or she also undertakes to:
a) comply with the legal requirements to depreciation age of the vehicle according to personal vehicle regulations:
b) hold valid technical examination certificate for the vehicle;
c) hold valid third-party insurance policy and insurance policy comparable to that of transportation agencies;
d) perform transportation services in the same province where the vehicle’s plate number is issued.
Maxim is not liable for non-observance of any above provisions by the Carrier.
7.2.6. The following are violations of syndicate law and as such, he or she alone shall be responsible for them:
- Dropping passengers off before arriving at the destination;
- Non-observance of declared transportation cost;
- Using a vehicle other than the vehicle registered with the Maxim Service;
- Making the registered vehicle available to a third party to perform Carrier services.
8. Special Conditions and Limitation of Liability
8.1. IN CONSIDERATION OF THE CONDITIONS HEREOF, CARRIER UNDERSTANDS THAT INFORMATION HE/SHE IS GRANTED ACCESS TO HEREUNDER, IS USED BY HIM/HER PERSONALLY, FOR HIS/HER OWN BENEFIT AND AT HIS/HER RISK. СARRIER IS INFORMED THAT SHOULD HE/SHE USE SUCH INFORMATION FOR BUSINESS PURPOSE, HE/SHE SHALL HAVE ALL VALID LICENSES AND PERMISSION REQUIRED FOR PERFORMING SUCH ACTIVITY OR ACT AS A LEGAL ENTITY, AS WELL AS ENSURE COMPLIANCE WITH THE CURRENT LAW OF THE ISLAMIC REPUBLIC OF IRAN.
8.2. MAXIM SERVICE SHALL NOT ASSUME ANY OBLIGATIONS IN RESPECT OF COMPENSATION FOR DAMAGE, PARTICULARLY LOST PROFIT INFLICTED ON THIRD PARTIES BY CARRIER’S ACTIONS.
8.3. MAXIM SERVICE IS NOT LIABLE TO CARRIER FOR ANY ACTIONS OF THIRD PARTIES, WHEN CARRIER HAS SUFFERED ANY DAMAGE, INCLUDING LOST PROFIT.
9. Force Majeure
9.1. A force majeure shall be the reason releasing the Parties from their responsibilities. For the purpose hereof the force majeure shall mean circumstances set forth in Iran's legal system.
9.2. The Party, which has suffered from force majeure, shall immediately inform the other party in writing (including fax) of the force majeure, its type, the potential duration thereof and the obligations, which performance is interfered.
9.3. Should the Party affected by force majeure fail to inform the other Party in writing or via email thereof, it shall further lose its right to refer to the force majeure as to the circumstance that may release it of its responsibility.
10. Carrier’s Personal Data Processing and Use Policy
11. Intellectual Property
11.1. Carrier is given a limited right to use “Maxim Service” brand to advertise Order placing options.
11.2. Carrier may independently advertise (promote) telephone number, other options of placing Order, particularly by placing the promo ads on Carrier’s vehicles. In this case, Carrier is responsible for compliance with the promo ads (including its content and placement) with the requirements and regulations of the current law.