TUBEWASH CAR WASHING & CLEANING LLC

    Client Terms &Conditions (“Terms,” “Conditions” or “these Terms and Conditions”)

    1. Definitions and Interpretation
    2. Basis of Terms and Conditions
    3. Provision of Services
    4. Client's Obligations and Representations
    5. Fees and Payment
    6. Tax
    7. Intellectual Property Rights
    8. Data Protection
    9. Indemnities
    10. Disclaimer of Warranties
    11. Limitation of Liability
    12. Refunds and Cancellation
    13. Force Majeure
    14. Assignment
    15. Relationship of Parties
    16. Notices
    17. Severance
    18. Waiver
    19. Variation
    20. Entire Agreement
    21. Headings
    22. Governing Law
    23. Dispute Resolution
      Schedule 1 – Tubewash's Policies on Site
      Schedule 2 – Mandatory Policies
      Schedule 3 – Site Location
      Schedule 4 – Pricing Schedule
      Schedule 5 – Application Terms
      Schedule 6 – Privacy Notice
      Schedule 7 – Type of Services&Specifications
      Schedule 8 – Clients Complaints Procedures& Policy

    1. Definitions & Interpretation

    1.1 The following definitions and rules of interpretation apply in these Client Terms and Conditions:

    1. Application: means the "Tubewash" application which can be downloaded to a device that supports the software and is used by the Client to purchase the Services specified in Schedule 7;
    2. Application Account: means the Client's account which they have set up to use the Application;
    3. Business Day: means any day which is not a Saturday, Sunday, or public holiday in the United Arab Emirates;
    4. Conditions: means the Client’s terms and conditions as amended by Tubewash from time to time;
    5. Client: means the Company who purchases the Services from Tubewash whether online or on-site;
    6. Effective Date: means either: for Subscription Services, the date and time that the Client pays the first Subscription Fee;
    7. Faire Usage: means the number of Services provided to the Client via the Subscriptions Services including unlimited Subscriptions, Offers and Promotional Services.
    8. Force Majeure: means any event or circumstance or a combination thereof occurring or subsisting after the Effective Date, the occurrence of which is not reasonably foreseeable as of the Effective Date and which is beyond the reasonable control of Tubewash, notwithstanding its reasonable care, and shall include but not limited to: flood, lightning, storm, typhoon, tornado, earthquake, landslide, soil erosion, subsidence, washout, radioactive contamination or epidemic; war (whether declared or undeclared), blockade, insurrection, military uprising, or act of public enemies; revolution, rebellion, civil war, riot, civil disturbance, civil commotion, terrorist acts, seizure or act of sabotage, imposition of sanctions, embargo or breaking off diplomatic relations; and trade or labour dispute, strike, lockout, or industrial disturbance;
    9. Intellectual Property Rights: means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
    10. Laws: means all applicable national, federal, and international laws including, but not limited to, treaties, statutes, decrees, edicts, codes, orders, judgments, rules, ordinances, and regulations of any local, municipal, territorial, provincial, federated, national, or any other duly constituted governmental authority or agency of any governmental authority;
    11. Mandatory Policies: means Tubewash's internal policies as set out in Schedule 2;
    12. On-Site Policies: means the policies that the Client, must comply with whilst on the Site as set out in Schedule 1;
    13. Price: means the price (as may be amended at the sole discretion of Tubewash) payable by the Client to Tubewash against the Services that may be any type of Service set out in Schedule 7 (as may be amended from time to time) or all of them;
    14. Services: means the type of Services provided by Tubewash to the Client that includes Subscription Services, Cleaning , Services and Speciality Treatments, full details of which are set out in Schedule 7 (as may be amended from time to time). Certain Services are subject to a booking time to be confirmed by Tubewash at its sole discretion, such Services are herein called Booked Services;
    15. Site: means the location where the Services shall be offered by Tubewash as set out in Schedule 3;
    16. Subscription: means the agreement under which Tubewash will provide the Subscription Services to the Client and the Client will pay the Subscription Fee to Tubewash;
    17. Subscription Fee: means the price payable by the Client for a Subscription to use the Subscription Services (details of which are set out in Schedule 4);
    18. Subscription Services: means the Services purchased through Tubewash Application by the Client monthly;
    19. Tubewash: means Tubewash Car Washing & Cleaning LLC with license number 765994 and registered office at Belhasa Building- Office No104 - Ittihad Street -Deira -Dubai; and
    20. Vehicle/s: means the Client vehicle/s, a vehicle registered by the Client to avail the Service/s.

    2. Basis of Terms & Conditions

    3. Provision of Service

    4 Client's Obligations and Representations

    5. Booking & Payment

    6. Tax

    7 Intellectual Property Rights

    8 Data Protection

    Tubewash shall process the Client's data in accordance with Schedule 6.

    9 Indemnities

    10 Disclaimer of Warranties

    11 Limitation of Liability

    12 Refunds & Cancellation

    13 Force Majeure

    14 Assignment

    15 Relationship of parties

    Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

    16 Notices

    17 Severance

    If any provision or part-provision of these Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but this shall not affect the validity and enforceability of the rest of these Terms and Conditions.

    18 Waiver

    19 Variation

    Tubewash reserves the right to change, amend, modify, and revise these Terms and Conditions at any time at its sole discretion, the Client is responsible for reviewing and checking these Terms and Conditions periodically. Any continued use of the Application or the Services after a modified version of these Terms and Conditions is posted, is considered an acceptance to such amended or modified Terms and Conditions and that Client agrees to be bound by such amended or modified Terms and Conditions. In either case, if the Client does not wish to be governed by the updated version of these Terms and Conditions, it must send us a termination notice and immediately cease to use the Application. Tubewash shall not have any liability to the Client in such an event. In the event of a termination of these Terms and Conditions, Client obligations hereunder shall survive.

    20 Entire Agreement

    21 Headings

    The headings in these Terms and Conditions are included for convenience only and shall not affect their I interpretation.

    22 Governing Law

    These Terms and Conditions entered into between the Client and Tubewash shall be governed by and construed in accordance with the laws of Dubai and the applicable Federal Laws of the United Arab Emirates.

    23 Dispute Resolution

    24 Further Assurances

    Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of these Terms and Conditions.

    Schedule 1: Tubewash’s Policies On-Site

    1. Operation of the Site

    1. The Driver shall remain in their vehicle at all times unless otherwise instructed by an employee of Tubewash.
    2. The Driver shall not exceed the speed limit of 20 kilometers per hour whilst on the Site.
    3. The Driver er shall leave the Site immediately once the Services are provided and completed.
    4. The Driver er shall not engage in any abusive or aggressive behaviour towards Tubewash's employees.
    5. Polish and other cleaning products can be slippery and extreme caution should be exercised when collecting the vehicle.
    6. Tubewash will not tolerate any verbal or physical abuse towards any of its employees under any circumstances and will take the
    7. relevant actions should any such behaviours be encountered.

    2. Operation of the Services

    1. The Driver shall not break or accelerate his vehicle whilst using the car wash machinery.
    2. The Driver shall leave his vehicle in neutral whilst using the car wash machinery.
    3. The Driver shall not step out of his vehicle whilst the car is on the conveyer unless requested to do so by Tubewash Staff
    4. The Driver shall ensure his vehicle windows are closed at all times whilst inside the wash tunnel.
    5. The Driver shall observe and follow all instruction signs while inside the wash tunnel.
    6. The Driver shall ensure his vehicle is fit to enter and free of any loose items including damaged trim and vehicle body components. External accessories, including but not limited to roof racking, additional lighting, antennas, luggage racks, cycle racks, camping equipment, decals and non-OEM cosmetic trim must be secured or removed before entry to the wash tunnel. Please check with Tubewash staff if you are in doubt.
    7. The Driver shall ensure his vehicle interior is clear of any items that may prevent Tubewash Staff from performing the Services. Tubewash Staff are not permitted to move or remove any items preventing the Services from being performed and will only clean around the items.
    8. Child seats should be removed by the Driver prior to commencing the Services, if they are not, they will remain in the vehicle and Tubewash staff will clean around them. Drivers must ensure that the child seats are secure before using them, Tubewash will not be held liable for injury or loss caused due Driver not re-securing the child seat(s).
    9. Some products may contain chemicals which are hazardous, therefore Tubewash request that Drivers do not stand next to a vehicle whilst it is being serviced and utilise the waiting area, alternatively remain at a minimum of 30ft away from the vehicle, any harm or injury caused by products splashing on to a Driver due to the above not being adhered to can not be the responsibility of Tubewash and is at the Driver risk entirely.
    10. The Driver confirms that he has a spare set of keys for his vehicle and that Tubewash shall not be liable for loss or damage caused to him or the vehicle by our losing the keys or locking them in the vehicle.
    11. Any illegal substances or items that are discovered in the Driver’s vehicle will immediately result in the Services being terminated and the relevant authorities notified.
    12. Drivers are requested to keep their valuables in their custody. Tubewash employees have no authority to accept any valuables or other articles for safe custody and Tubewash will not be liable for any loss of or damage to any such articles which a Driver purports to leave in the safe custody or keeping of the Tubewash employees.
    13. Any claims must be raised during the Existence of the Driver on Site.

    Schedule 2: Mandatory Policies

    1. The Mandatory Policies are:

    1.2 Corporate and Social Responsibility Policy

    1. Tubewash is committed to providing a work environment free of any form of harassment whatsoever. Tubewash’s policy prohibits any form of discrimination whatsoever, whether based on race, sex, pregnancy, medical conditions, religious creed, color, nationality, age, or any other basis protected so by the UAE federal laws, or local laws or regulations.
    2. Clients shall maintain honourable and dignified relationships with Tubewash Employees and promote fraternity and goodwill amongst them.
    3. Tubewash Employees and Clients shall interact with each other cordially, with mutual respect and dignity, and in a spirit of constructive co-operation.
    4. Clients shall not use any offending or threatening or annoying language, postures, etc., and shall not publicly display their anger or displeasure, or annoyance.
    5. Tubewash 's anti-harassment policy applies to all parties involved in the operation of the Services on Site and prohibits unlawful harassment by any Client towards Tubewash, Employees, or Clients. Any form of harassment based on the perception of the characteristics shall be fully constituted as harassment and disciplinary and/or legal action may be taken.

    1.3 Anti-bribery and Anti-corruption Policy

    1. Employees of Tubewash must not seek or accept any type of compensation, fee, commission, gratuity, or favour from a third party in connection with the Services, the business of Tubewash.
    2. Bribes, inducements, or other illegal payments of any kind must not be made to or for the benefit of any government official, Client, supplier, or any other part in connection with obtaining orders or favourable treatment or for any other purpose.

    1.4 Ethics Policy

    1. Tubewash, directors, employees, consultants, and all other people who represent the Tubewash are expected to comply, at all times, with all laws governing its operations and to conduct the Services with the highest legal, moral, and ethical standards, and to conduct the Services with the highest level of ethics and integrity in relation to Clients, suppliers, competitors, each other and all others with whom they deal, and must act:
    2. Ethically, honestly, responsibly, and diligently;
    3. In full compliance with the letter and spirit of the law and this Code; and
    4. In the best interest of the Client.

    1.5 Security Policy

    1. The safety of people on the Site is a primary concern of Tubewash. Each Client must comply with all applicable health and safety policies.
    2. Tubewash maintains compliance with all local laws to help maintain secure and healthy Site Surroundings. All employees have the right to a healthy and safe working Environment. Tubewash Code of Conduct (the Code) is a governing document that outlines our commitment to uphold ethical business practices and to meet or exceed applicable legal requirements. It applies to all our employees, directors, officers, contractors, suppliers, and Client s, and those whom Tubewash appoints to act on its behalf.

    Schedule 3: Site Location

    Belhasa ADNOC Service Station -707 Sheikh Zayed Road -Al Quoz-Al Quoz Industrial Area 3 -Dubai

    Schedule 4: Pricing Schedule

    1. Prices

    1. The Prices shall be fixed by Tubewash as it may decide from time to time, taking into account any valid exclusive offer or discounts offered by Tubewash at its sole discretion.
    2. Tubewash may at its sole discretion set different prices for Services purchased through the Application and those purchased on the Site without prior notice.
    3. Tubewash may set different pricing from that advertised on its website.
    4. For Speciality Treatments prices do vary based on the type of Service, the type, and the conditions of the vehicle. Tubewash reserves the right to charge each vehicle accordingly prior to commencing the requested Services.
    5. Tubewash reserves the right to revise any price during the Services should the required Services differ from the original estimates, or the vehicle needs of further Services which could not be assessed prior to commencing the Services.

    2. Subscription Fee

    1. Client may subscribe to Tubewash's Subscription Services by paying a Subscription Fee through Tubewash Application.
    2. The Subscription Fee shall be payable by the Client at the applicable rate.
    3. Tubewash reserves the right to change, adjust, and revise the Subscription Fee from time to time at its sole discretion.
    4. The Services offered under the Subscription may be capped or changed by Tubewash at any time without notice.
    5. The Services offered under the Subscription Fee are subject to Faire Usage, which is controlled, changed, revised, and limited at the sole discretion of Tubewash.
    6. Subscription Services cannot be used in conjunction with any other offer, discounts, prepaid Services, or gift cards unless otherwise stated and accepted by Tubewash.
    7. Tubewash reserves the right to take any remedial action should the Client continue to abuse the Faire Usage of the Subscription Services, with no liability to the Client.
    8. On the termination or cancellation of the Subscription Services either by Tubewash and/or the Client no refund will be made, and the Client continues to have access to the Subscription Services through the end of the billing period.
    9. All references in this Terms and Conditions to "AED" are to the currency of the United Arab Emirates Dirham.

    Schedule 5: Application Terms

    1 Application License

    2 Terms of Use

    3 Client 's Obligations

    By using the Application and Application Account, the Client agrees to:

    1. keep their Application Account password secure and confidential; and
    2. provide Tubewash with any proof of identity it reasonably requests.

    4 Tubewash's Rights

    1. Tubewash will have the right to investigate and prosecute violations of these Application Terms to the fullest extent of the law.
    2. Tubewash may involve and cooperate with law enforcement authorities in prosecuting users who violate these conditions.

    Schedule 6: Privacy Notice

    Schedule 6: Privacy Notice

    1. The Terms

    1. This Privacy Notice sets out the basis on which any personal data collected by Tubewash or that the Client provides to Tubewash in connection with these Conditions, will be processed by Tubewash.
    2. This Privacy Notice also sets out the terms between the Client and Tubewash under which the Client may use Tubewash's Services and Application. By using the Services and the Application the Client is accepting and consenting to the practices described in this Privacy Notice.

    2. Information Tubewash will Collect.

    3. Use made of the information

    4. Disclosure of Information

    5. Where Tubewash Stores the Client 's Personal Data

    The data that Tubewash collects will usually be stored in the United Arab Emirates, but Tubewash may transfer store, or process in other jurisdictions. By submitting their data and using the Services and Application, the Client agrees to this transfer, storing, or processing either within or outside of the United Arab Emirates. Tubewash shall take all steps reasonably practicable to ensure that the Client 's data is treated securely and in accordance with this Privacy Notice.

    6. Security

    7. The Client's Rights

    Tubewash shall respect the Client's privacy and shall only use its data for marketing purposes when required. The Client shall have the right to request that Tubewash does not process their data for marketing purposes by using Tubewash's contact details as set out in Clause 15.3 of these Terms and Conditions.

    Schedule 7: Type of Services &Specifications

    Tubewash shall provide the following Services:

    1. Subscription Services: Services purchased through Tubewash Application by the Client monthly, The Services include Vehicle Washing, and Interior Vehicle Cleaning (as may be amended from time to time);
    2. Speciality Treatments: Services are provided to the Client s when purchased either at the point of point of sale (Pay as You Go), or through Tubewash Application, or via a booking on the Application (as may be amended from time to time)

    Schedule 8: Clients Complaints Procedures& Policy

    Tubewash values its reputation for high standards of service delivery and this policy sets out our commitment to Clients Feedback and our Procedures for handling complaints.

    1. Purpose

    2. Policy

    3. Responsibilities

    4. Client Complaint Procedure

    5. Investigation

    6. Anonymous, Delayed & Incomplete Complaints

    Complaints received anonymously, delayed, and incomplete complaints will be recorded and considered, however, no action will be taken unless the complaint procedures are fulfilled to ensure a full and fair examination.

    7. Amendments to the Policy

    This Policy expresses the will of the Company and its commitment to Client Satisfaction as may be amended by the Company at its discretion at any time. However, it does not in itself create any contractual obligations. Nothing herein shall be deemed to limit any right that the company has under law, in equity, or under any provision of the Client Terms& Conditions.

    These Terms and Conditions govern any Service provided to the Client by Tubewash. Client use of the Services after any such change constitutes his acceptance of the new Terms of Services. If Client does not agree to any of these Terms or any future Terms and Conditions, shall not use or access (or continue to access) the Services.
    Client can contact us by email, telephone, or post, using the contact details contained on our website. Any of Tubewash rights not expressly granted in these Terms and Conditions are reserved.