PUBLIC OFFER
1. General Provisions
1.1. This document, addressed to any person (hereinafter referred to as the Customer), 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 Customer’s Order in the software-information complex and communication of the Order follow-up status to the Customer.
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 websites https://sito.id/.
1.3. Maxim Service hereby provides information services focused on registering the Order in the software-information complex and communication of the Order follow-up status to the Customer. Maxim does not provide services, which are associated with the passenger and luggage conveyance, freight conveyance or any other transport services to the Customer by itself, being an operator communicating the Order to the Partner.
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 Customer’s order to the Partner and communicating the Order follow-up status to the Customer.
1.5.2. “Order” shall mean a Service Order processed by the Application and provided by the Partners.
1.5.3. “Partner” shall mean a person, who has accepted 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 Customer and deliver luggage, cabin to a point of destination, as well as to transport the freight assigned by the Customer and hand it in to a designated recipient.
1.5.4. “Merchant” shall means the shop owner and/or manager in acting to sell their products in the Foods & Goods Service.
1.5.5. “My profile” shall mean a page on the official Maxim website, containing statistics of the scope of Services provided and current status of the Customer’s personal account. It is required to at least share the Customer’s telephone number to register My profile.
1.5.6. “Personal account” shall mean an user account, where payment of the Customer and amounts of cash deducted (written off) from these payments as payment for royalty Services are captured. The Personal account has a unique number and is generated by Maxim Service.
1.5.7. “Personal account balance” shall mean the difference as of certain time-point between the amount of cash in the Personal account and deducted from the Personal account till this time-point.
1.5.8. “Customer” shall mean a person placing the Order for conveyance services via Maxim Service.
1.5.9. “Route” shall mean a vehicle route between the departure and destination points.
1.5.10. “Order Reservation” shall mean the Order for conveyance service accepted minimum 60 minutes in advance involving arriving of a vehicle at the time specified by the Customer.
1.5.11. “Current order” shall mean the order assuming arrival of a vehicle “as soon as possible”.
1.5.12. “Mobile app” shall mean the computer software installed on the Customer’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
Maxim hereby provides information services focused on the transmission of the Order to the Partner and communicating the Order follow-up status to the Customer.
3. Manner of Services
3.1. The Customer hereby accepts this Offer conditions by addressing to Maxim to book a vehicle in any possible manner.
3.2. The Customer is responsible for the content and reliability of information communicated while placing the Order.
3.3. Once the Order is placed, the Customer data are registered in the Service Database. Maxim does not change and does not revise the Customer’s details without his/her consent.
3.4. 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 Partner, who selects the Order and notifies Maxim 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 Partner fully responsible for the services provided.
3.5. Maxim informs the Customer for vehicle that will be Customer transportation based on specific orders, mentioning its brand, model, color and plate number.
3.6. Maxim may accept the advance vehicle booking Orders. Whereby the Partner is responsible for arrival of a vehicle tune on time, which was notified by Maxim on advance regarding vehicle booking Order.
3.7. Maxim reserves the right to refuse to provide services to the Customer, who disagrees with the conditions of this Offer, without explaining any reason for such refuse in specific.
3.8. Telephone calls between the Customer and Maxim are recorded for the purpose of internal control of Maxim’s activities and quality control of execution of the Orders.
3.9. In order to improve quality of services provided, as well as to ensure real-time interaction between the Customer and the Partner, the Customer may inform Maxim of the cases of violation of the Customer’s rights by the Partner by addressing a problem using the electronic feedback service or in writing to Maxim’s address. In this case, Maxim notifies the Partner about the problem received from the Customer, shares the Customer’s telephone number to the Partner, as well as the content of the Customer’s problem. Further this conflict is settled between the Customer and the Partner 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.
3.10. While collecting and processing Customer’s personal data, Maxim is guided by the Laws and Regulations of Indonesia as well as the personal data collection, protection and processing procedure set forth in Chapter 10 herein.
3.11. Should the Customer have any questions related to specification of Services, he needs to consult Maxim specialist before placing the Order.
4. Maxim’s Responsibilities
4.1. Shall register the Customer’s order in the software-information complex and communicate the Order follow-up status to the Customer on a free of charge basis.
4.2. Shall inform the Customer in case of induced vehicle delay.
4.3. Shall inform the Customer, if it is not possible to provide a vehicle.
4.4. Provide accurate information regarding the amount of the balance contained in the Customer Personal account.4.5. Shall timely detect and prevent efforts of unauthorized access to information provided by the Customer and/or sharing it with the persons, who have no direct relation to execution of the Order.
5. Customer’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 Customer’s telephone number, time and vehicle arrival address, its type, trip destination 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 drugs, nuclear or chemical contents, explosives, malodorous, pathogenic, weapons and etc) in the Partner's car.
5.7. Shall give accurate information and details regarding the addresses (pick up and destination), identity, type of service orders, and other details requested in the Application for time to time in every orders.
6. Settlements between the Customer and the Partner
6.1. Maxim hereby provides type of services to the Customer, which specified in this Offer, on a free of charge basis.
6.2. Settlement for passengers and luggage transportation service and сargo transportation services is carried out directly between the Customer and the Partner. Maxim communicates the cost of passengers and luggage transportation services and freight transportation services to the Customer. The indicated cost of services is calculated based on the tariffs established by the relevant government regulation, and other parameters of the service provided (for example, the distance of transportation). Informing the Customer about the final cost of services does not indicate and may not be deemed that the transportation service is provided by Maxim.
6.3. A form of settlement for passengers and luggage transportation services and freight transportation services is agreed directly by the Customer and the Partner without Maxim participation.
6.4. Maxim does not give the Customer and the Partner any instructions regarding the form and procedure of making payments for the passengers and luggage conveyance services, freight conveyance services.
6.5. Maxim ensures technical capability of payment for the passengers and luggage transportation services aggregator, cargo transportation services by the Customer in the following forms:
6.5.1. Balance replenishment in the self-service terminal by cash crediting to the Customer Personal account;
6.5.2. Wire transfer using bank cards (if the technical capability is available).
6.6. When making settlements between the Customer and the Partner through the advance payment or wire transfer using bank cards, Maxim is the agent of the Partner acting on behalf of and at the expense of the Partner in the part of accepting cash from the Customer. Maxim assumes the obligations of the Partner’s agent only with regard to ensuring receipt of cash from the Customer.
6.7. Wire transfer payment using the bank cards is made through every bank card (hereinafter referred to as the bank card).
6.8. To get the possibility to make payment for the services provided by the Partner through wire transfer using bank cards, it is required to register in My profile, as well as to attach the bank card to the Customer’s Personal Account.
6.9. Wire transfer payment using the bank cards is carried out in accordance with the Rules of Central Bank of Indonesia and other related binding laws and regulations observing the principles of confidentiality and security of payment. Security of data shared by the Customer is ensured through the compliance of the procedures with the requirements of the Central Bank of Indonesia 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 Customer’s bank card at the time of placing the Order. If the Customer cancels its Order placed, as well as in some other cases, when the Customer was not provided the conveyance services, cash reserved on the Customer’s card is returned to the Customer.
6.11. Should the Customer change the scope of the conveyance services requested (change of the route, provision of additional fee-based services to the Customer by the Partner and etc.), the corresponding cost is subject to recalculation and be paid by the Customer in accordance with the scope of services actually provided.
6.12. The Customer and the Partner 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 Partner has the right to set payment for the provision of the following additional services to the Customer:
6.13.1. Stand-by for more than 5 minutes upon notifying the Customer on vehicle arrival;
6.13.2. Conveyance of large-sized luggage in the vehicle baggage;
6.13.3. and other additional services.6.14. The Partner shall be entitled to create penalty against Customer’s refusal from a service after the Partner arrive at the address specified by the Customer. The amount of such penalty shall be calculated in proportion with the minimum fare of the Order at the time of creating Order and distance from the location of the Partner at the time of creating the Order to the pick-up address specified by the Customer.
6.15. Maxim shall inform the Customer of the fares fixed by the Partner 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 Partner in the form agreed by the Customer and the Partner.
6.16. Maxim shall be the agent of the Partner for accepting payments from the Customer via Internet acquiring and other e-payment methods. Maxim is not a beneficiary and shall not get any profit from the payments made by the Customer. Electronic payment for a trip shall be deducted from the bank card of the Customer and credited to the personal account of the Customer opened in Maxim.
6.17. Maxim shall be the customer of the services on the promotion of its product (service Maxim), and the Partner shall be the contractor promoting the product of the customer. Within these relationship the Partner 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 Partner opened in Maxim.
6.18. Maxim shall be the supplier of information services granting licenses for access to the order database to Partner. Funds for the license shall be deducted from the personal account of the Partner opened in Maxim.
6.19. Positive balance of the personal account of the Partner shall deem creditor indebtedness of Maxim to the Partner.
6.20. Negative balance of the personal account of the Partner shall deem indebtedness of the Partner to Maxim for the services rendered by it.
6.21. The Partner 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 on the application for the Partner.
6.22. The Partner shall be an independent economic entity and he is solely and completely responsible before tax and insurance issues.
7. Responsibility of the Parties
7.1. The Parties shall be responsible for mis-performance of their obligations hereunder subject to the Indonesia's legislation.
7.2. Maxim is not responsible for any interruptions in the provision of Services in the event of software or hardware failures not belonging to Maxim.
7.3. Maxim is not responsible for a complete or partial interruption in the provision of Services related to replacement of hardware, software or other attempts required to maintain Maxim’s performability and development of hardware subject to prior notice of the Customer.
7.4. Maxim is not responsible for direct damages, lost profit incurred by the Customer as a result of execution of Services.
7.5. Maxim is not responsible for the Partner failure to perform his duties.
8. Disputes Settlement
8.1. The Parties shall settle down any disputes and disagreements associated with this Offer prioritizing the way of mutual deliberation.
8.2. Should it be not possible to settle down the disputes by way of mutual deliberation, the disputes and disagreements shall be subjected to current Indonesian laws and/or legislation.
9. Special Conditions
Agreeing with the conditions of this Offer, the Customer 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 the Indonesian laws and legislation.
10. Personal Data Processing Policy
10.1. Maxim collects and processes the Customer personal data pursuant to the terms and conditions set forth by related Indonesian laws and regulations and this Offer.
10.2. The purpose of collecting and processing the Customer personal data is formation and execution of the contract between the Customer and Maxim, which subject is determined by the conditions hereof. When collecting and processing the Customer personal data, Maxim does not pursue any other goals, apart from the purposes of providing services to the Customer, which subject is set forth herein.
10.3. By making the Order for Services the Customer with his will and for his own benefit gives Maxim his consent to freely collect and process his personal data in accordance with related Indonesian laws and regulations.
10.4. The Customer personal data is stored exclusively on encrypted electronic media and processed using the automated personal data processing systems.
10.5. Should the Customer place the Order for a vehicle in any possible way, Maxim collects and processes the following Customer’s personal data:
10.5.1. Customer telephone number;
10.5.2. Vehicle’s arrival address;
10.5.3. The destination address of the route;
10.5.4. Customer’s email;
10.5.5. Customer’s name or nickname.
10.6. Should the Customer register their Profile at website https://sito.id/ Maxim shall collect and process the following Customer personal data:
10.6.1. Customer telephone number;
10.6.2. last name, first name, patronymic of the Customer;
10.6.3. date of birth;
10.6.4. Customer’s email;
10.7. Only persons having the direct relation to the execution of the Orders have access to the Customer personal data.
10.8. Maxim shall neither distribute the Customer’s personal data nor provide access to them to the third parties without the prior written consent of the Customer with the exception of cases, when the provision of personal data is requested by the authorized authorities under the current legislation of Indonesia.
10.9. The Customer personal data is destroyed by Maxim in the following cases:
10.9.1. After expiry of five years after provision of services, which subject is set forth in this Offer;
10.9.2 should the Customer revoke his consent for processing of his personal data; The Customer’s personal data is destroyed beyond their subsequent recovery.
10.10. Maxim takes efforts to prevent the unauthorized access to the Customer’s personal data:
10.10.1. assigns the employees responsible for personal data processing;
10.10.2. takes organizational and technical attempts to ensure the safety of the Customer’s personal data, namely:
10.10.2.1. determines security threats for personal data, when processing them in the personal data information systems;
10.10.2.2. ensures the safety of the personal data Partners;
10.10.2.3. approves the list of persons having access to personal data necessary to perform their official (employment) duties;
10.10.2.4. uses the information security tools necessary to prevent the unauthorized access to personal data, including but not limited to data encryption;
10.10.2.5. evaluates the efficiency of the efforts taken to ensure personal data security;
10.10.2.6. provides the detection of unauthorized access cases to personal data and the efforts to be taken;
10.10.2.7. restores personal data, modified or destroyed as a result of the unauthorized access to them (if the technical capability of such recovery is available);
10.10.2.8. establishes the rules for access to personal data processed in the personal data information system;
10.10.2.9. controls the efforts taken to ensure personal data security and the level of protection of personal data information systems.
11. Special conditions regarding Cleaning Service Orders
11.1. ‘Cleaning’ shall mean the type of Service Orders which facilitates Customer to obtain types of residential cleaning services provided directly by partner service providers.
11.2. Service providers have the right to refuse to work on other types of services other than the types of Cleaning services that are already available on the Maxim Mobile App.
11.3. Customer must provide clear, complete and accurate information regarding the condition of the residential part and the condition of the goods to be cleaned, and / or clothing (for ironing services), which must be considered by the service provider before the service is performed;
11.3.1. Especially for this type of ironing service, Customer must provide its own iron and supporting materials (perfume, clothes lubricant, etc.).
11.4. Maxim is not responsible for any damage or loss that Customer experiences due to the following things:
11.4.1. Customer did not provide information clearly, completely and accurately as intended in paragraph 11.3 above;
11.4.2. Customer ordered a Cleaning Service not through the Application;
11.4.3. Conditions of parts of dwellings, items in the dwelling, or clothing (for Ironing services) that have been damaged / deformed before the service is performed; and / or Other matters that are entirely not a real mistake or omission from Maxim.
11.5. Maxim is only responsible for damage or loss that Customer experienced due to direct and proven guilty of Maxim.
11.6. Maxim is not responsible for the safety of the Customer’s personal belongings and values during the provision of services by the partner service provider. The Customer must monitor the safety of such property independently.
11.7. Customer will pay the price of the Cleaning service in accordance with the nominal price stated on the Maxim Mobile App.
11.8. The price of the service listed on the Maxim Mobile App does not include the service provider parking fee, if indeed Customer’s residence requires visitors to comply with the parking policy.
12. Special conditions regarding Massage & Spa Service Orders
12.1.“Massage & Spa” shall means the type of Service Orders which facilitates Customer to receive Massage directly by independent/self-employee Service Providers.
12.2. This “Message & Spa” order services is available for The Customer over 18 (eighteen) years old ;
12.3. The Customer must provide clear, complete and accurate information regarding the condition of:
12.3.1. The Customer required to choose and submit clear information about gender, massage duration, and gender preference of Service Providers (male/female), as well as submitting accurately and completely the date, time and address of the location of the service.
12.3.2. Part of body, that cause such part of the body requires certain careful treatments or cannot be massage ;
12.3.3. If the Customer has Allergies for certain materials, whether solid materials, such as powders, soaps, scrubs, lotion, oils, liquid masks and/or materials that produce certain odors or smells; and or
12.3.4. Customer Health condition in consideration for the Service Providers to determine whether it is possible to do the massage or not.
12.4. Massage & Spa services cannot be used to:
12.4.1. Carry out other types of massages/ other services apart from the traditional massage services;
12.4.2. Carry out health massage services on an injured body;
12.4.3. Carry out treatment or cure any health disorders;
12.4.4. Baby massage or children under 5 (five) years old.
12.4.5. Engage in any inappropriate behaviour including but not limited to sexually suggestive remarks, sexual advance and/or harassment, drug use and / other inappropriate behaviour.
12.5. Violation of article 12.3 and 12.4 has given the rights for Service Providers to not carry out the services or cancel Customer’s order completely if the Service Providers considers that the massage is not possible/not safe to do. In this case, Maxim and Service Provider has the right to charge The Customer for the full massage as priced shown on the Application.
12.6. Maxim is not responsible for any damage or loss that Customer experienced during the following things:
12.6.1. Use of Massage & Spa service for other type of massage/ other massage as available on the application;
12.6.2. Use of supporting goods/materials that the Customer provide his/herself;
12.6.3. The Customer ordered Massage Service not through the Maxim mobile app;
12.6.4. Failed to provide accurate information regarding the Customer health condition and/ or misuse the Massage & Spa service as referred in paragraph 12.3 and 12.4 above.
12.7. Maxim prompt the Customer to be cautious when interacting with any Service Providers, Customer should exercise caution and common sense to protect your personal safety, details and property. Accordingly, Maxim not guarantee or warrant and make no representation regarding the reliability, quality or suitability of Service Providers. Maxim have no obligation in respect of services they may provide.
12.8. The Customer will pay the price of the Massage & Spa service based on duration and the types of Massage & Spa service at the nominal price on the Maxim mobile app. If you wish to extend the time you have booked, Service Providers will endeavour to fulfil your request. This subject to the availability of the Service Providers and also payment of an additional charge for the extended time calculated in accordance with the Massage price. The provision regarding prices also refer to Article 11.8.
13. Special condition regarding Delivery Services Orders (Maxim Delivery and Foods&Goods)
13.1. Delivery and Foods&Goods shall mean type of Service Orders which facilitates Customer with delivery services by Partner.
13.2. Delivery and Foods&Goods order services will be supported by PT Solusi Perdana Pengantaran.
13.3. The Customer must provide clear, complete details including addresses, type of goods / delivery services, personal data for orders placed on the Application. Customer are responsible for ensuring that the information details enter in connection with Service Orders on the Application are complete and accurate. Maxim will not be responsible if there is a delay in delivery Customers ordered because of incorrect delivery details that Customer entered on the Application.
13.4. If necessary, to minimize error during order, Customer are encouraged to write detailed information about Customer order details on the order notes, for specific details Customer want from the Merchant, specific and/or alternate address or additional orders, to the Partner through Maxim chat feature before order is finalized.
13.5. All food orders and delivery orders placed on the Application are treated as confirmed. Cancellation can only be done if products Customer ordered are out of stock or the Merchant ordered from is closed. In the event that orders have been picked up by Partner, cancellation is not applicable.
13.6. In the event that food and/or drinks from Merchant are damaged, or cause food allergy and poisoning or other effects which will harm Customer, Maxim will not be responsible, and any risk that occurs when using the Service will be at Customer risk.
13.7. The Customer required to understand that the transaction fees include, but not limited to, Product prices and Product delivery fees and/or other fees notified to the Customer on the Application and receipt issued. Methods of payment are available and shown on the Application.
13.8. For Foods&Goods order services the Customer must understand that product prices displayed are estimated prices. Merchants seller have full authority to determine and make changes to their own Product prices. Therefore, Maxim are not responsible if there is a difference between the prices listed on the Application and the prices imposed by Merchants as prices may change from time to time.
13.9. The Customer are obliged to pay other costs incurred in connection with the order services, including but not limited to parking fees and/or building entry fees (if any), based on supporting documents given by the Partner.
13.10. Unless otherwise specified in these Public Offer, Maxim are not responsible for the product sold, such as:
13.10.1. Condition and Quality of the Product
13.10.2. Duration of delivery by the Partner
13.10.3. Failure to complete orders and/or deliveries by the Partner; and
13.10.4. Discrepancy between the product ordered and the product delivered.
13.11. Maxim or Partner has the right to refuse Customer request for orders, if Maxim or Partner have reasonable reasons to suspect that by accepting Customer request, Maxim or Partner will violate Specific Terms and Condition of Delivery and Foods&Goods or prevailing laws and legislation.
13.12. In case of loss or problem experience by the Customer when using Delivery and/or Foods&Goods Service, Maxim with best effort will in finding solution to the problem. Recommendation for taking legal action may require for any problems or disputes that arise between Customer, Partners, and/or Merchant.
13.13. Customer may contact the customer support through help page on the Application, Customer support will be asking Customer for the details of the orders. Further information regarding the complaint through Customer support will be available in the Specific terms and condition of Delivery and Foods&Goods.