Work Rules of Maxim Service (revised on 20th of Esfand, 1399 / 10.03.2021)
1. General Provisions
1.1. These Work Rules and Appendices are addressed to any natural person who are at least 18 years old (hereinafter referred to as Client) and registered or intended to register in Maxim Service (hereinafter also referred to as Maxim). This document contains all essential conditions of provision of information services focused on registering Client’s Order in the software-information complex and communicating of Order follow-up status to Client.
1.3. Maxim Service merely provides software services and facilitates communication between Carriers and Clients. Users only benefit from these services and cannot claim employment, contractor or partnership relations with respect to Maxim Service.
1.4. While Client is using Service’s Mobile app and a website https://taximaxim.ir/, Maxim Service hereby provides free information services focused on registering Order in the software-information complex and communicating of Order follow-up status to Client. In case of transmitting Order for the registration in the software-information complex by phone, Client will be charged the fee set in the Appendix 1 to these Rules. Maxim does not provide services, which are associated with the passenger and luggage conveyance, freight conveyance or any other transport services to Client by itself, being just an operator communicating Order to Carrier.
1.5. Please read the text of these Work Rules and the Appendices attentively, and, should you disagree with any terms and conditions thereof, you are kindly advised to refuse from the use of Maxim Service.
1.6. The terms and definitions used to perform the conditions of these Work Rules:
1.6.1. “Advance” shall mean Order for conveyance services accepted by Service minimum 15 minutes in advance before the time of expected vehicle arrival specified by Client.
1.6.2. “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.
1.6.3. “Client” shall mean a person placing Order for conveyance services via Maxim Service.
Note-In the case an order is being placed regarding purchase and delivery of goods, the Client must specify and provide the required explanations such as list, price, number and quality of goods in the relevant section or to the Operator.
1.6.4. “Current order” shall mean the order assuming arrival of a vehicle “as soon as possible”.
1.6.5. “Database” shall mean software-information complex consisted of the present time information on the need of performing the transportation services, used for the purposes of organising, supporting and managing the processes of providing the Services.
1.6.6. “Goods” shall mean any parcels, cargo, packages, luggages, other items and being transported by Carrier.
1.6.7. “Mobile app” shall mean the computer software installed on Client’s mobile phone and integrated into Maxim software-information complex allowing to computerize Orders generation process via Internet.
1.6.8. “My profile” shall mean a web-page on the official website of Maxim, containing statistics of the scope of Services provided and current status of Client’s personal account. In order to register “My Profile” Client has to at least share his telephone number.
1.6.9. “Order”shall mean a request for a ride or performing of cargo delivery services made by any natural person registerd in Maxim Service. Order is processed by Service for the purposes of granting access to it and communicating Order to Carrier.
1.6.10. “Personal account” shall mean an account where advance payments of Client and amounts of cash deducted (written off) from these payments as payment for Services are captured. Personal account has a unique number and is generated by Maxim Service.
1.6.11. “Personal account balance” shall mean the difference as of certain time-point between the amount of cash deposited on Personal account and deducted from Personal account till this time-point.
1.6.12. “Route” shall mean a vehicle route between the departure and destination points.
1.6.13. “Services” shall mean information services focused on receiving, processing and transmission of Client’s order to Carrier and communicating Order’s follow-up status to Client. Maxim Service does not provide Сlient with conveyance services or any other transportation services. Payments from Client’s Personal account are deducted on behalf of Carrier as the fee for the services rendered by Carrier to Client.
1.6.14. “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. Subject of the Work Rules
2.1. Maxim hereby provides free information services focused on the transmission of Order to Carrier and communicating Order follow-up status to Client.
3. Manner of Services
3.1. Client hereby accepts the conditions of these Work Rules by using Maxim Service for the purposes of making Order in any possible manner.
3.2. Client is responsible for the content and reliability of information communicated while placing Order.
3.3. Once Order is placed, Client’s data are registered in Maxim Service Database. Maxim does not change and does not revise Client’s details without Client’s consent.
3.4. Maxim places Order in the software-information complex on a free-of-charge basis, by granting access to the software-information complex to Carrier who selects Order and notifies Maxim of his/her choice mentioning the arrival time under such Order. Maxim hereby guarantees to enter Order into Database solely. Carrier is responsible for conveyance.
3.5. Maxim informs Client that a vehicle has arrived mentioning its brand, model, color and plate number.
3.6. Maxim may accept the advance Order services. The information about request in advance Order services is transmitted to Carrier by Maxim. Carrier is responsible for arrival of a vehicle on time. Arrival of a vehicle in this case is not guaranteed.
3.7. Maxim reserves the right to deny the provision of Services to Client, who disagrees with the conditions of these Work Rules, without explaining any reason for such denial.
3.8. Phone calls between Client and Maxim are recorded for the purpose of internal control of Maxim’s activities and quality control of execution of Orders.
3.9. In order to improve quality of services provided, as well as to ensure real-time interaction between Client and Carrier, Client may inform Maxim of the cases of Client’s rights violations by Carrier within 24 hours since Order was executed by addressing a problem using the electronic feedback service or in writing to Maxim’s address. Further this conflict is settled between Client and 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 Client.
3.11. Should Client have any questions related to specification of Services, he/she needs to consult Maxim before placing Order.
4. Maxim’s Obligations
4.1. Maxim shall register Client’s Order in Database and communicate Order’s follow-up status to Client on a free of charge basis.
4.2. Maxim shall inform Client in case of a vehicle’s arrival delay.
4.3. Maxim shall inform Client if it is not possible to provide a vehicle.
4.4. Maxim shall credit Client’s advance payments to Personal account in due time.
4.5. Maxim shall transfer payments from Client’s Personal Account to Carrier’s Personal Account at Client’s request.
4.6. Maxim shall timely detect and prevent efforts of unauthorized access to information provided by Client and/or sharing it with the persons, who have no direct relation to execution of Order.
5. Client’s Obligations
5.1. Client shall order Services considering the time required to provide a vehicle.
5.2. Client 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. Client shall communicate Client’s telephone number, time and vehicle arrival address, its type, route and required conveyance conditions.
5.4. Client shall use a vehicle provided according to its intended purpose.
5.5. Client shall keep a vehicle clean and tidy through the entire route of the trip.
5.6. Client shall not carry illegal goods (such as alcohol, drugs, nuclear materials or chemicals, explosives, malodorous or pathogenic substances, weapons and etc.) in Carrier's car.
5.7.Client shall pay the remuneration to Service for registering the information in the software-information complex if Order is made through a phone call. (The following actions are made in order to register the information if Order is made by Client through a phone call: Client communicates the information about Order to Service. Service converts the information about Order into machine-readable form and registers Order in software-information complex with providing Carrier with the following access to it).
6. Payments settlement between Client and Carrier
6.1. Maxim hereby provides Client with the services, the scope of which is specified in these Work Rules on a free of charge basis.
6.2. The settlements for passenger and luggage conveyance services and cargo conveyance services are carried out directly between Client and Carrier. Maxim communicates the cost of passenger and luggage conveyance services and cargo conveyance services to Client. The specified cost is calculated on the basis of fares applicable by Carrier, who has accepted Order. Informing Client about the final cost of services does not indicate and may not be deemed that the conveyance service is provided by Maxim.
6.3. A form of settlement for passenger and luggage conveyance services, goods and cargo conveyance services by bikes and trucks is directly agreed by Client and Carrier without Maxim’s participation.
6.4. Maxim does not give Client and Carrier any instructions regarding the form and procedure of making payments for the passenger and luggage conveyance services, goods and cargo conveyance services.
6.5. Maxim ensures technical capability of payment for the passenger and luggage conveyance services, goods and cargo conveyance services by bikes and trucks by Client in the following forms:
6.5.1. Advance payment by cash crediting to Client’s Personal account;
6.5.2. Wire transfer using bank cards (if the technical capability is available).
6.6. When making settlements between Client and Carrier through the advance payment or wire transfer using bank cards, Maxim is the agent of Carrier acting on behalf of and at the expense of Carrier in the part of accepting cash from Client. Maxim assumes the obligations of Carrier’s agent only with regard to ensuring receipt of cash from Client.
6.7. Wire transfer payment using bank cards is made through every bank card which is a member of SHETAB (inter-bank information exchange net) (hereinafter referred to as the bank card).
6.8. To get the possibility to make payment for Carrier’s services through wire transfer using bank cards, it is required to be registered in My profile, as well as to attach the bank card to Client’s Personal Account.
6.9. Wire transfer payment using the bank cards is carried out in accordance with the Rules of the Central Bank of Iran and other related binding laws and regulations observing the principles of confidentiality and security of payment. Security of data shared by Client is ensured through the compliance of the procedures with the requirements of the Central Bank of Iran 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 Order. If Client cancels his/her Order placed, as well as in some other cases when Client was not provided with the conveyance services, cash reserved on Client’s card is returned to Client.
6.11. Should Client change the scope of the conveyance services requested (change of the route, provision of additional fee-based services to Client by Carrier and etc.), the corresponding cost is subject to recalculation and be paid by Client in accordance with the scope of services actually provided.
6.12. Client and Carrier have the right to agree on any other forms of payment for the provision of passenger and luggage conveyance services, freight and goods conveyance services by bikes and trucks, which are not set forth in these Work Rules, including payment for services in cash and in any other ways not contradicting the legislation in force.
6.13. Carrier has the right to set payment for the provision of the following additional services to Client, namely:
6.13.1. Stand-by for more than 5 minutes upon notifying Client on vehicle arrival;
6.13.2. Conveyance of large-sized luggage in the vehicle’s trunk.
6.14. Carrier has the right to fix a penalty if Client refuses from the trip after Carrier’s vehicle arrived at the address mentioned by Client. The penalty amount is determined by Carrier.
6.15. Maxim shall inform Client of the fares fixed by Carrier for the provision of additional services and penalty. In this case the provision of additional services, as well as the penalty, is paid directly to Carrier in the form agreed by Client and Carrier.
6.16. In case of accepting Order through the Mobile app and the website https://taximaxim.ir/ Maxim 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.
6.16.1. In case of accepting Order by phone Maxim is a beneficiary of the funds received from Client for the registration of Order in the software-information complex. These funds are the revenue of Service to the full extent. Client shall pay for the registration of Order to Maxim Service by any available method of settlement between Client and Carrier.
6.17. Maxim shall be the customer of the services on the promotion of its product (Services), and Carrier shall be the contractor promoting the product of the customer. Within this relationship 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 Carrier opened in Maxim.
6.18. Maxim shall be the supplier of information services granting licenses for access to Database to Carrier. Funds for the license shall be deducted from the personal account of Carrier opened in Maxim.
6.19. Positive balance of Personal account of Carrier shall be deemed indebtedness of Maxim to Carrier.
6.20. Negative balance of the personal account of Carrier shall be deemed indebtedness of Carrier to Maxim for the services rendered by it.
6.21. 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 the TaxSee Driver application.
6.22. Carrier shall be an independent economic entity and he/she is solely and completely responsible in regard to tax and insurance issues.
7. Liability of the Parties
7.1.Maxim Service shall have no responsibility, whether legal or criminal, for any incidents occurring during the trip to the users, including Clients, Carriers and the third parties.
7.2. The Parties shall be liable for misperformance of their obligations hereunder subject to the Iran's legislation.
7.3. Maxim is not liable for any interruptions in the provision of Services in the event of software or hardware failures not belonging to Maxim.
7.4. Maxim is not liable 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 Client.
7.5. Maxim is not liable for direct damages, lost profit incurred by Client as a result of enjoyment of Services.
7.6. Maxim is not liable for Carrier’s failure to perform his duties.
7.7. Carrier is personally responsible for compliance with the Islamic Republic of Iran’s legislation in force in the field of performing the transportation services. Carrier is personally liable for the absence of the valid permissions, licensees and other documents required for performance of the said services.
7.8. In case if some unauthorised persons use the services through Client`s account, the responsibility in regard to payment of relevant costs and any other legal responsibility in relation with Carrier and Maxim Service shall also be attributable to Client. Therefore, Client and those who have used the services shall have a joint responsibility toward Carrier and 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 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.
Note: in case of confirmation of force majeure circumstances, Carrier 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 unreasonble 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 receipient’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.
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. Disputes Settlement
9.1. The Parties shall settle any disputes and disagreements associated with these Work Rules by way of negotiations.
9.2. Should it be not possible to settle the disputes by way of negotiations, they shall be settled subject to the current laws of Iran.
10. Special Conditions
10.1. Agreeing with the conditions of these Work Rules in this wording, Client expresses his consent to receive information messages as well as promotional information (including messages received via Internet messengers (WhatsApp, Telegram and similar applications) distributed via networks for the purposes and cases, where the need for such consent is provided for by the Iran's laws and regulations.
10.2. The Appendices to this document are the integral part of these Work Rules.
to Work Rules of Maxim Service (revised on 20th of Esfand, 1399 / 10.03.2021)
In accordance with the article 1.4 of the Work Rules of Maxim Service, the fee for registering the Order in the software-information complex, made by the Client via phone, is set in the amount of 50000 Rials per each Order made in Tehran and 30000 Rials per each Order made in other cities of Iran.