Public Offer

1. General Provisions

1.1. This document addressed to any individual (hereinafter referred to as the "Client") is an official offer of the Maxim Service (hereinafter referred to as the "Service"), and contains all the essential terms and conditions of the provision of information services specified in Clause 2.1 of this offer.

1.2. In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer. Ordering the services shall be its acceptance, which is considered equivalent to the conclusion of a contract on the terms set forth in the offer. The offer is posted on the official websites on the Internet:  https://taximaxim.ru и https://taximaxim.com.

1.3. By accepting the terms of this public offer, the Client shall also agree to the Policy of the Service regarding the processing of confidential data, posted at https://taximaxim.ru/term/policy-client/ and https://taximaxim.com/term/policy-client/.

1.4. The Client shall carefully read the text of this offer. Should the Client disagree with any of its terms, he/she shall be offered to refuse the services of the Service. Should the Client have any questions related to the characteristics of the services, the Client shall consult a specialist of the Service before placing the Order. 

1.5. Terms and definitions used to perform the terms of this offer are the following: 

1.5.1. “Services” means services that are provided by the Partners of the Service and ordered via the Service.

1.5.2. “Order” means an order for the Services processed by the system.

1.5.3. “Partner of the Service” means a person that independently, on their own, provides the Client with the Services.

1.5.4. “Profile” means a page on the website of the Service containing statistical information on the scope of Services provided and the current status of the Client’s personal account. In order to register the Profile, it is necessary to provide at least data on the Client’s subscriber telephone number.

1.5.5. “Personal Account” means an account in which advance payments of the Client and amounts of funds withheld (debited) from these payments as payment for services are recorded. The Personal Account has a unique number and is generated by the Service.

1.5.6. “Personal Account Balance” means the difference at a certain time point between the amount of funds deposited into the Personal Account and debited from the Personal Account.

1.5.7. "Client" - a person ordering services through the Service.

1.5.8. "Scheduled Order" shall mean an order for a service, accepted minimum 60 minutes in advance, and assuming the possibility to provide the service at the time specified by the Client.

1.5.9. "Current Order" shall mean an order assuming the provision of a service as soon as possible.

1.5.10. "Mobile Application" shall mean a computer program installed on the Client’s mobile device and integrated into the hardware and software system, allowing to automate the process of creating orders via the Internet.

2. Subject of the Offer

2.1. By means of the Service, the Client can place an Order for the Services on a free-of-charge basis. The complete list of the Services is available for review on the website of the Service or in the Mobile Application. The Service does not provide any Services independently (on its own) to the Client, does not assume the rights and/or obligations of the performer in respect of such Services. 

2.2. The Client shall accept the terms of this offer by addressing to the Service to order a service by any means available.

2.3. The Client shall be responsible for the content and reliability of the information provided while placing the Order.

2.4. Once the Order is placed, the Client’s data shall be registered in the database of the Service. The Service shall not change or edit the Client’s data without the Client’s consent.

2.5. The Service shall place the Order in the hardware and software system on a free-of-charge basis and grant access to the hardware and software system to the Partner that shall select the Order and notify the Service of his/her choice, specifying the arrival time for the selected Order. Therewith, the Service shall guarantee solely the entry of the Order into the hardware and software system. The Partner shall be responsible for providing the service.

2.6. The Service shall inform the Client about the procedure and characteristics of the service provided, specifying all the essential information necessary for proper and correct performance of the service by the Partner.

2.7. The Service may accept Scheduled Orders for service provision. The timely provision of the service shall be the responsibility of the Partner notified in advance by the Service of the Scheduled Order. However, the provision of the service shall not be guaranteed.

2.8. The Service reserves the right to refuse service to the Client that disagrees with the terms of this offer, without giving the reasons for refusal.

2.9. Telephone calls between the Client and the Service shall be recorded for internal control of activities of the Service.

2.10. In order to improve quality of the services provided, as well as to ensure real-time interaction between the Client and the Partner, the Client may inform the Service of cases of violation of the Client’s rights by the Partner by contacting the Service, using electronic feedback form or in writing at the location of the Service. In this case, the Service shall notify the Partner about the claim received from the Client, share the Client’s telephone number with the Partner, as well as the content of the Client’s claim. Further conflict resolution shall be carried out between the Client and the Partner without the participation of the Service. The content of this Clause shall not and may not be deemed as the acceptance by the Service of any obligations to compensate for damage either in kind or in cash, pay compensation, and/or acceptance by the Service of other obligations not provided for in this offer.

2.11. When collecting and processing the Client’s personal data, the Service shall be guided by the provisions of the Federal Law dated July 27th, 2006, No. 152 "On Personal Data", as well as by the Service Policy regarding confidential data processing.

      

3. Responsibilities of the Service

3.1. The Service shall accept the Order, provide the Partner with access to the Order and inform the Client about the fulfillment of the Order.

3.2. The Service shall inform the Client about cases of forced delay in providing the service.

3.3. The Service shall inform the Client about cases when it is impossible to provide the service.

3.4. The Service shall timely credit the advance payments of the Client to the Personal Account.

3.5. The Service shall timely detect and prevent attempts of unauthorized access to the information provided by the Client, and/or its transfer to the persons that are not directly related to the Order fulfillment.

4. Responsibilities of the Client

4.1. The Client shall order a service taking into account the time required to ensure the performance of the service.

4.2. The Client shall specify the essential conditions necessary for the correct choice of the Order by the Partner.

5. Settlements between the Client and the Partner

5.1. The Service shall provide the Client on a free-of-charge basis with the Services, the subject of which is defined in Clause 2.1 of this Offer. 

5.2. Payment for the provision of services shall be carried out directly between the Client and the Partner. The Service shall inform the Client about the cost of providing services. The specified cost shall be calculated based on the rates applied by the Partner that accepted the Order for fulfillment. The setting of rates by Partners is dynamic, it depends on many factors (condition of street and road network, traffic congestion, time of day, year, dynamics of demand for services, climate conditions, etc.) and may entail difference in rates for homogeneous services at different times. Informing the Client about the final cost of the service shall not mean and may not be regarded as the fact that the service is provided by the Service.

5.3. The method of payment shall be determined by the Client without participation of the Service.

5.4. The Service shall not give the Client any instructions regarding the method and procedure for payment for the services provided.

5.5. The Service shall provide a technical possibility for the Client to pay for the Services by cashless payment using bank cards. In this case, the Service only provides the technical possibility of cashless payment for the Services, the Service does not accept the Client's funds and is not the Partner's agent for accepting such funds. 

5.6. Cashless payment using bank cards shall be made via credit or debit cards of the Visa, MasterCard, and Mir payment systems.

5.7. Registering the Profile, as well as binding a bank card to the Client’s Personal Account number shall be required to get the possibility to pay the Partner’s services by cashless payment using bank cards.

5.8. Cashless payment using bank cards shall be made in accordance with the rules of international payment systems on the principles of confidentiality and security of payment. The security of the data provided by the Client shall be ensured by compliance of the procedures with the Payment Card Industry Data Security Standard, and no one, including the Service, may receive it. Bank card data shall be entered on the secure payment page of the acquiring bank providing the option of cashless payment for services.

5.9. For confirmation of the possibility of cashless payment using bank cards, funds in the amount of the cost of the corresponding services may be reserved on the Client’s bank card at the time of placing the Order. In case of cancellation of the Order placed by the Client, as well as in other cases of non-provision of services to the Client, the funds reserved on the Client’s card shall be returned to the Client. 

5.10. Should the Client change the scope of the Services requested, including after the Partner has begun to provide the Services, the cost shall be subject to recalculation. The cost of the Services shall be paid by the Client in compliance with the scope of the Services actually provided. 

5.11. The Client and the Partner are entitled to agree on other forms of payment for the provision of the Services, not provided for in this Offer, including payment for the Services in cash and by other methods that do not contradict the current legislation. 

5.12. The Partner is entitled to set a fee for providing additional services to the Client, including, but not limited to, waiting by the Partner to perform the Services for more than 3 minutes, transportation of large-size items, etc. In case of a Scheduled Order, the free waiting time is calculated from the moment the vehicle actually arrives and the Client is notified about it. At the same time, the free waiting time cannot be less than 3 minutes and cannot expire earlier than the time for which the Scheduled Order is made. 

5.13. The Partner is entitled to establish a penalty fee for the Client’s refusal from the Services after the Client has been notified about the Partner's arrival. The Client shall be considered to have refused the Services after the expiry of the free waiting time established in Clause 5.12 of this Offer, if the Client has not notified the Partner about their consent to the paid waiting time. The amount of the penalty fee shall be calculated in proportion to the amount of the minimum cost of the Services, which is valid at the moment of creation of the Order, and the distance from the location of the Partner at the moment of creation of the Order to the place specified by the Client. 

5.14. The Service shall inform the Client of the cost established by the Partner for the provision of additional services and the penalty. However, payment for the provision of additional services and payment of the penalty shall be made directly to the Partner in the form agreed by the Client and the Partner. 

5.15. The Partner is entitled to inform the Service about the Client’s failure to fulfill the obligation to pay for the Services. In this case the Service shall inform the Client about the existing debt. In order to repay the Client’s debt to the Partner the cost of the Services may be increased by the amount of such debt during further order of the Services.

 

6. Liabilities of the Parties

6.1. The Parties shall be liable for non-performance of their obligations in accordance with the legislation of the Russian Federation.

6.2. The Service is not liable for any interruptions in the provision of the Services specified in Clause 2.1 of this Offer, in case of failures of software or hardware not belonging to the Service.

6.3. The Service is not liable for complete or partial interruptions in the provision of the Services specified in Clause 2.1 of this Offer, related to replacement of hardware, software, or carrying out other works required to maintain operability and development of technical means of the Service.

6.4. The Service is not liable for direct damages, lost profit incurred by the Client as a result of the use of the Services provided by the Partners. 

6.5. The Service shall not be liable for the Partner’s failure to perform his/her obligations.

7. Features of Ordering Certain Types of the Services

7.1. By placing a request for the Partner to carry out activities on behalf of the Client, the latter accepts and agrees that obligations under the agency agreement arise between the Client (principal) and the person performing it (agent) (Article 971 of the Civil Code of the Russian Federation). The principal is responsible for the rights (including the right of ownership), obligations and liability for transactions carried out by the agent. The authority of the agent is evident from the situation and does not require confirmation by a power of attorney (Article 182 of the Civil Code of the Russian Federation).

7.2. By placing a request for non-medical (cosmetic) massage service, the Client accepts and agrees that the Client is informed that this service is not a medical service, i.e. does not involve medical intervention or complex medical interventions, and is not aimed at the prevention, diagnosis and treatment of diseases, medical rehabilitation. The Partners specifying non-medical (cosmetic) massage service are not medical professionals. 

8. Dispute Resolution Procedure

8.1. The Parties shall resolve any disputes and disagreements related to the performance of this offer through negotiations.

8.2. Should it not be possible to resolve any disputes through negotiations, they shall be resolved in accordance with the current legislation of the Russian Federation.

9. Special Terms

9.1. By accepting the terms of the offer in its present revision, the Client expresses consent to the processing of their personal data in cases where such consent is required in accordance with the provisions of the Federal Law dated July 27, 2006, No. 152 “On Personal Data”, as well as promotional information (including messages received via Viber, WhatsApp, Telegram and similar Internet instant messengers) distributed through communication networks for the purposes and in cases, where the need for such consent is provided for by the current legislation of the Russian Federation on advertising.