TUBEWASH CAR WASHING & CLEANING LLC
Client Terms &Conditions (“Terms,” “Conditions” or “these Terms and Conditions”)
Definitions and Interpretation
Basis of Terms and Conditions
Provision of Services
Client's Obligations and Representations
Fees and Payment
Tax
Intellectual Property Rights
Data Protection
Indemnities
Disclaimer of Warranties
Limitation of Liability
Refunds and Cancellation
Force Majeure
Assignment
Relationship of Parties
Notices
Severance
Waiver
Variation
Entire Agreement
Headings
Governing Law
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:
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;
Application Account: means the Client's account which they have set up to use the Application;
Business Day: means any day which is not a Saturday, Sunday, or public holiday in the United Arab Emirates;
Conditions: means the Client’s terms and conditions as amended by Tubewash from time to time;
Client: means the Companywho purchases the Services from Tubewash whether online or on-site;
Effective Date: means either: for Subscription Services, the date and time that the Client pays the first Subscription Fee;
Faire Usage: means the number of Services provided to the Client via the Subscriptions Services including unlimited Subscriptions, Offers and Promotional Services.
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;
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;
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;
Mandatory Policies: means Tubewash's internal policies as set out in Schedule 2;
On-Site Policies: means the policies that the Client, must comply with whilst on the Site as set out in Schedule 1;
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;
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;
Site: means the location where the Services shall be offered by Tubewash as set out in Schedule 3;
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;
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);
Subscription Services: means the Services purchased through Tubewash Application by the Client monthly;
Tubewash: means Tubewash Car Washing & Cleaning LLC with license number 765994 and registered office at Belhasa Building- Office No104 - Ittihad Street -Deira -Dubai; and
Vehicle/s: means the Client vehicle/s, a vehicle registered by the Client to avail the Service/s.
2. Basis of Terms & Conditions
2.1 Tubewash Car Washing & Cleaning LLC owns and runs the Application through which it provides a platform for its Clients to purchase the Services and provides the Services under this purchase at the Site.
2.2 The Client agrees to purchase the Services, either through the Application, at the Site, or via the Client's Subscription.
2.3 Tubewash agrees to provide the Services to:
a vehicle(s) registered on the Client’s Application Account and selected by the Client to redeem the Services against; or
a vehicle(s) that the Client brings to the Site and indicates to Tubewash's employees that the Services should be redeemed against.
2.4 These Conditions shall apply to the purchase of the Services, whether by way of Subscription Services or the purchase of One-off Services, to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
2.5 These Conditions shall continue in force:
for Subscription Services, from the date and time, that the Client pays the first Subscription Fee until theSubscription is terminated or expires; and
for One-off Services, from the date and time, that the Client pays for the Services until the Services have been completed and the Customer has left the Site.
3. Provision of Service
3.1 Tubewash shall supply the Services to the Client in accordance with these Conditions in all material respects.
3.2 Tubewash reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, and Tubewash shall notify the Client in any such event.
3.3 Tubewash warrants to the Client that the Services will be provided using reasonable care and skill.
3.4 The Client shall deliver its vehicle to the Site in order for Tubewash to provide the Services in accordance with these Conditions.
3.5 Tubewash shall use its facilities and equipment on the Site to perform the Services.
3.6 The Client shall use the Application in accordance with the Application Terms &Conditions.Tubewash reserves the right to offer new, updated, or additional Services from time to time. The use of those Additional Services will be governed by these Terms and Conditions but may also be subject to additional terms and conditions, which will be posted from time to time and with which Client must comply. By continuing to use the Application and Services, The Client expressly consents to any additional terms and conditions associated with the Additional Services.
3.7 The Client understands and agrees, that Tubewash does not guarantee that the vehicle Services will be performed to meet any applicable industry or professional standards. Due to varying conditions a vehicle may be presented in, Tubewash cannot guarantee to meet the desired preference/expectation of the Client.
3.8 Services times are estimates. Tubewash does not guarantee that the Services will be completed within the estimated time nor shall be liable to the Client for any delay. Completion times may vary depending on the conditions of the site, the Services requirements, and the conditions of the vehicle.
3.9 Tubewash reserves the right to close the site due to inclement weather, holidays, equipment maintenance, and/or site upgrades.
4. Client's Obligations and Representations
4.1 The Client shall comply at all times with:
All applicable Laws and Regulations existing in the UAE;
Tubewash's rules, policies and procedures including, but not limited to those contained in Tubewash's On-Site Policies and Tubewash's Mandatory Policies which may change from time to time at Tubewash's sole discretion; and any instructions of Tubewash or its employees and any reasonable conditions applicable to the Client as advised from time to time by Tubewash.
4.2 By using the Application or purchasing One-off Services, the Client expressly represents and warrants that they are legally entitled and have the right, authority, and capacity to obtain the Services and to abide by these Conditions.
4.3 The Client shall only use the Application or Services for their use, and they may not assign, transfer, or authorise any other person or entity to use their Application Account.
4.4 By accessing Tubewash Services Site, using the Application, and purchasing and/or using the Services, the Client confirms that he has read, understood, and agreed to be bound by the Client Terms and Conditions and the Privacy Policy and he has the necessary legal authority to do so . Access to or use of the Tubewash Services Site, Application and Services establishes a legally binding agreement between the Client and Tubewash.
4.5 It is the Client's responsibility and prior to commencing with the Services to disclose and indicate to Tubewash all defects, damage, or weakness in his/her vehicle, known or suspected by him/her, which may be affected by the Services being provided by Tubewash. Tubewash reserves the right to accept or refuse to provide the Services with no liability to the Client.
4.6 The Client acknowledges and agrees that Tubewash’s total liability for any actual or alleged damages arising out of or related to these Terms and Conditions (including, without limitation, actual or alleged damages to his vehicle resulting from the services performed by Tubewash will be as is set forth in the Limitation of Liability clause to the fullest extent permitted by law in the applicable jurisdiction.
4.7 Unless authorized by Tubewash in writing; llient shall not give any interview to the press or radio or television or any other publicity media or release any news to the press or publish any articles in the press or any other magazines.
4.8 Client shall not publicly speak, write, publish, or act on behalf of the Tubewash unless authorized.
4.9 Client should not represent Tubewash in any event, platform, or organization unless authorized by Tubewash in writing.
5. Booking& Payment
5.1 The Price for the Services shall be determined in accordance with the terms set out in Schedule 4.
5.2 Prices are subject to change at Tubewash's sole discretion.
5.3 The Client may make payment for the Services by debit or credit card through the Application.
5.4 At the Client’s request for additional Services, Tubewash reserves the right to adjust the price quotation subject to an inspection of the vehicle, Tubewash operator will advise the Customer prior to commencing the Service.
5.5 The Client assumes full and sole responsibility for any additional or associated costs that he may incur in connection with or as a result of his requests to further Services which are not paid in advance.
5.6 For cancellations to which the refund is accepted by Tubewash pursuant to these Terms and Conditions. Tubewash does not guarantee that funds will be released back to the Client account immediately. The Client acknowledges and agrees that Tubewash will not be responsible or liable to the Clientin relation to a delay by his bank or card issuer in the release of funds back into his account.
6. Tax
6.1 The Price does not include any allowance for and is exclusive of, UAE VAT.
6.2 Where UAE VAT applies to any Services provided to the Client, Tubewash is entitled to charge UAE VAT on the applicable supply at the applicable rates under the VAT LAW; and shall include the UAE VAT amount as an additional line item on the applicable invoice.
7. Intellectual Property Rights
7.1 All Intellectual Property Rights in or arising out of or in connection with the Services and the Application shall be owned exclusively by Tubewash and the rights in the Application shall be licensed to the Client for the life of the Application and provision of Services only on the Application Terms set out in Schedule 5.
7.2 The Client shall obtain no Intellectual Property Rights in, or to, the Application other than the right to use the Application in accordance with these Conditions.
7.3 The Client shall not use any of Tubewash's data or Intellectual Property Rights without the prior written consent of Tubewash, other than in accordance with the license granted under Clause 7.1 and the Application Terms under Schedule 5.
8. Data Protection
Tubewash shall process the Client's data in accordance with Schedule 6.
9. Indemnities
9.1 By purchasing the Services and/or using the Application or Services, the Client agrees to defend, indemnify, and hold Tubewash and any of its parent company, subsidiaries, affiliates, officers, directors, employees, and agents harmless to the fullest extent permitted by law from and against any and all claims, costs, damages, losses injury, liabilities, and expenses, which may be suffered, incurred or sustained arising out of. Relating to, or in any way connected with:
any act or omission (including negligence) by the Client, directly or through his vehicle/s;
the Client's violation or breach of any term of these Conditions or any applicable law or regulation, whether or not referred to in these Conditions.
the Client's violation of any rights of any third-party, including third-party Intellectual Property Rights infringement; and
the Client's use or misuse of the Application or Services.
9.2 The Client will be liable to Tubewash for any death or injury caused to any member of staff or user or visitor of Tubewash attributable to any defect in his vehicle or harmful contents.
10. Disclaimer of Warranties
10.1 Tubewash makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services and Application.
10.2 Tubewash expressly disclaims all warranties of any kind, whether express, implied, or statutory.
10.3 Tubewash makes no representation or warranty that:
the use of the Application will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, application, system, or data;
provision of the Services will be timely, uninterrupted, or error-free;
the quality of any products, services, or information obtained by the Client through the Services
or Application will meet the Client's requirements or expectations;
any stored data will be accurate or reliable;
errors or defects in the Services or Application will be rectified;
the service or the servers that make the Application available are free of viruses or other harmful components; or
no loss or damage will be caused to any vehicle or property of the Client in connection with the Services.
10.4 All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, fitness for a particular purpose or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable laws and regulations by Tubewash.
10.5 Tubewash makes no representation, warranty, or guarantee as to the reliability, safety, timeliness,quality, suitability, or availability of any services obtained by the Client through the use of the Services or Application.
10.6 The Client acknowledges and agrees that the entire risk arising out of their use of the Services and Application, and any third-party Services or products remain solely with the Client, to the maximum extent permitted by laws.
10.7 Notwithstanding, it is at the sole discretion of Tubewash to accept the Client’s Complaints. The Client Complaint shall be raised through Tubewash website, in accordance with these Terms and Conditions and Client Complaints Procedures& Policy (details of which are set out in Schedule8)
11. Limitation of Liability
11.1 In no event shall Tubewash, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amounts the Client paid to Tubewash in the last 2 months hereunder or AED 100.00, whichever is greater.
11.2 Tubewash shall not be liable to anyone and any Client for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind including personal injury, loss of data, revenue, profits, use, or another economic advantage, to the extent permitted by law.
11.3 To the extent permitted by law, Tubewash shall not be liable for any loss, damage, or injury which may be incurred by the Client including but not limited to loss, damage, or injury arising out of, or in any way connected with:
provision of the Services to the Client; and
any reliance by the Client on the completeness, accuracy, or existence of any advertising.
11.4 To the extent permitted by law, Tubewash shall not be liable for any loss or damage to any vehicle or property, including but not limited to loss or damage arising out of, or in any way connected with:
provision of the Services to the Client;
the Client's use or inability to use the Services; and
any reliance by the Client on the completeness, accuracy, or existence of any advertising.
11.5 Tubewash shall not be liable for any loss or damage arising from the use of the Application to the extent permitted by law.
11.6 This clause 11 shall survive termination or expiry of the Client’s Subscription and/or the Client leaving the Site following theServices.
12. Refunds & Cancellation
12.1 Any payment made by a Client for booked Services will be non-refundable if the Client fails to cancel the booking twenty-four hours prior to the booking time, Cancellation of booked Services made before Twenty-four hours of the booking time is subject to a 50% Cancellation fee of the total amount of the booked Services value. The Client acknowledges that this deduction is reasonable and fair other than circumstances in which Tubewash considers in its absolute discretion that a refund is justified, and the Client has notified Tubewash of such circumstances within 24 hours of the payment being made and or the Client leaving the Site;
12.2 If the Client fails to be present at the time and location to redeem the booked Services, and/or fails to Submit a Cancellation request no refund will be made.
12.3 Should the Client breach these Terms and Conditions and/or abuse the fair usage of his Subscription Services, Tubewash will notify the Client to rectify such breach to its full satisfaction. Tubewash reserves the right to take remedial action for any repeated breaches with no liability to the Client.
12.4 Tubewash reserves the right to refuse providing any type of Services should the Client fail to disclose and indicate at the time of requesting, and booking the Services any conditional issues that involve heavy stains, foul odors, human or animal biological waste, mold, mildew, chemical spills, chemical overspray, or any other hazardous materials and no refund will be made.
12.5 Tubewash reserves the right to alter or amend the booking time and date of booked Services without any liability to the Client, however, the Client will be notified of the same.
12.6 On the termination or cancellation of the Subscription Services either by Tubewash and/or the Client no refund will be made, and the Customer continues to have access to the Subscription Services through the end of the billing period.
13. Force Majeure
13.1 Tubewash shall not be in breach of these Conditions nor liable for delay in performing or failure to perform, any of its obligations under these Conditions if such delay or failure is caused by an event of Force Majeure.
13.2 In the event of Force Majeure, Tubewash shall be entitled to a reasonable extension of time for performing its obligations under these Conditions. If the period of delay or non-performance continues for two months, the Client may terminate its Subscription by giving ten (10) days’ written notice to Tubewash.
14. Assignment
14.1 Tubewash may at any time assign, novate, or otherwise transfer any of its rights, obligations, or interests under and in connection with these Terms and Conditions.
14.2 The Client shall not assign, novate, or otherwise transfer any of its rights, obligations, or interests under and in connection with these Terms and Conditions.
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
16.1 Tubewash may give notice by means of email in English to the Client's email address on record or by written communication sent by post to the Customer's postal address on record.
16.2 The Client may give notice to Tubewash at any time in English by sending an email to: info@tubewash.com; or
Posting a letter by hand, first-class post, or other next business day delivery services to:709 Sheikh Zayed Road -Al Quoz, Industrial Area3-Dubai
16.3 Any notice shall be deemed to have been received, if delivered by hand, at the time the notice is left at the proper address if sent by pre-paid first-class post or other next business day delivery services, at 9.00 am on the second Business Day after posting; or if sent by email, at the time that it was sent.
16.4 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
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
18.1 No failure or delay by Tubewash to exercise any right or remedy provided under the Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
18.2 No single or partial exercise by Tubewash of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
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
20.1 These Terms and Conditions including its future amendment constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
20.2 Each party acknowledges that in entering into these Terms and Conditions it does not rely on and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
21. Headings
The headings in these Terms and Conditions are included for convenience only and shall not affect their 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
23.1 The parties shall, in good faith and with the spirit of cooperation, use all reasonable efforts to amicably settle any dispute that arises out of or in relation to these Conditions or the breach, termination, or validity thereof through constructive discussions and negotiations (Dispute).
23.2 If the Dispute is not settled amicably within nighty (90) days from the date the Dispute is first notified in writing to the other party, any party may have such Dispute settled exclusively by the courts of Dubai, which shall have exclusive jurisdiction to hear and determine any action or proceeding and to settle any disputes which may arise out of or in relation to these Terms and Conditions.
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
The Driver shall remain in their vehicle at all times unless otherwise instructed by an employee of Tubewash.
The Driver shall not exceed the speed limit of 20 kilometers per hour whilst on the Site.
The Driver er shall leave the Site immediately once the Services are provided and completed.
The Driver er shall not engage in any abusive or aggressive behaviour towards Tubewash's employees.
Polish and other cleaning products can be slippery and extreme caution should be exercised when collecting the vehicle.
Tubewash will not tolerate any verbal or physical abuse towards any of its employees under any circumstances and will take the relevant actions should any such behaviours be encountered.
2. Operation of the Services
The Driver shall not break or accelerate his vehicle whilst using the car wash machinery.
The Driver shall leave his vehicle in neutral whilst using the car wash machinery.
The Driver shall not step out of his vehicle whilst the car is on the conveyer unless requested to do so by Tubewash Staff
The Driver shall ensure his vehicle windows are closed at all times whilst inside the wash tunnel.
The Driver shall observe and follow all instruction signs while inside the wash tunnel.
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.
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.
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).
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.
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.
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.
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.
Any claims must be raised during the Existence of the Driver on Site.
Schedule 2: Mandatory Policies
1. The Mandatory Policies are:
1.1 Modern Slavery and Human Trafficking Policy
Tubewash has a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically, and with integrity and transparency in all Services dealings; and putting effective systems and controls in place to safeguard against any form of modern slavery taking place within our Site.
Tubewash has taken and will be taking to ensure that slavery and human trafficking are not taking place in any part of our business or our Site.
1.2 Corporate and Social Responsibility Policy
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.
Clients shall maintain honourable and dignified relationships with Tubewash Employees and promote fraternity and goodwill amongst them.
Tubewash Employees and Clients shall interact with each other cordially, with mutual respect and dignity, and in a spirit of constructive co-operation.
Clients shall not use any offending or threatening or annoying language, postures, etc., and shall not publicly display their anger or displeasure, or annoyance.
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
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.
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
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:
Ethically, honestly, responsibly, and diligently;
In full compliance with the letter and spirit of the law and this Code; and
In the best interest of the Client.
1.5 Security Policy
The safety of people on the Site is a primary concern of Tubewash. Each Client must comply with all applicable health and safety policies.
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
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.
Tubewash may at its sole discretion set different prices for Services purchased through the Application and those purchased on the Site without prior notice.
Tubewash may set different pricing from that advertised on its website.
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.
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
Client may subscribe to Tubewash's Subscription Services by paying a Subscription Fee through Tubewash Application.
The Subscription Fee shall be payable by the Client at the applicable rate.
Tubewash reserves the right to change, adjust, and revise the Subscription Fee from time to time at its sole discretion.
The Services offered under the Subscription may be capped or changed by Tubewash at any time without notice.
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.
Subscription Services cannot be used in conjunction with any other offer, discounts, prepaid Services, or gift cards unless otherwise stated and accepted by Tubewash.
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.
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.
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
1.1 Subject to the Client’s compliance with the Application Terms and Conditions, Tubewash grants the Client a limited non-exclusive, non-transferable license to download and install a copy of the Application on a device that is compatible with the software that the Client owns or controls and to run such copy of the Application solely for its use.
1.2 No Intellectual Property Rights shall be assigned or otherwise transferred to the Client under the license to use the Application.
1.3 The Client shall only use the Application and Application Account for itsuse and shall not license, sublicense, sell, transfer, assign, or otherwise commercially exploit or make the Application or the Client's Application Account available to any third party.
2. Terms of Use
2.1 The Client may use the Application to book and pay for Services by creating an Application Account.
2.2 The Client shall only use the Application and Application Account for the intended purpose and in accordance with these Application Terms.
2.3 The Client shall not:
modify or make similar works based on the Application;
copy or distribute the Application or other content without Tubewash's written permission;
reverse engineer or access the Application to:
build a competitive product;
build a product using similar ideas, functions, or graphics;
copy any ideas, features, functions, or graphics; or
launch an automated program or script;
use the Application or the Application Account:
to cause nuisance, annoyance or inconvenience;
in any way which is unlawful or fraudulent;
to store unlawful or damaging material; or
to impair the proper operation of the network;
try to harm the Application in any way whatsoever.
2.4 The Client may only access the Application using authorized means under these Application Terms.
2.5 Tubewash reserves the right to terminate the Client 's Subscription and Application Account if the Client uses the Application with an incompatible or unauthorized device.
3. Client 's Obligations
By using the Application and Application Account, the Client agrees to:
keep their Application Account password secure and confidential; and
provide Tubewash with any proof of identity it reasonably requests.
4. Tubewash's Rights
Tubewash will have the right to investigate and prosecute violations of these Application Terms to the fullest extent of the law.
Tubewash may involve and cooperate with law enforcement authorities in prosecuting users who violate these conditions.
Schedule 6: Privacy Notice
1. The Terms
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.
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.
2.1 Tubewash will collect and process the following data about the Client:
Information Provided to Tubewash:
This is information about the Client that they may give to Tubewash through using the Services or Application. This information may include personal details, including name, gender, nationality, date of birth, Emirates ID details, and passport details; contact details, including an address, preferred contact telephone number, and email address; the make, model, colour, and registration plate of any vehicles using the Services or registered through the Application; and any other information that Tubewash may deem relevant.
Information Tubewash will collect:
With regard to the Client 's use of the Services, Tubewash shall collect the make, model, colour, and registration plate of any vehicles using the Services or registered through the Application; and technical information about the devices the Client uses the Application on and related software, hardware, and peripherals, including the internet protocol address, used to connect the Client 's device to the internet, browser type and version, time zone setting, browser plug-in types, and versions, operating system, and platform.
2.2 By accessing the Services and Application the Client consents to the collection, use, and storage of the personal information set out herein.
3 Use made of the information
3.1 Tubewash will use information about the Client in accordance with these Conditions:
to notify the Client about changes to the Services;
to ensure that the content from Tubewash is presented in the most effective manner for the Clients and their device;
to administer the Application and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
to improve the Application and ensure that content is present in the most effective manner for the Clients and their device.
4. Disclosure of Information
4.1 The Client agrees that Tubewash has the right to share information with:
any parent company, subsidiary, affiliate; and selected third parties including analytics and search engine providers that assist Tubewash in the improvement and optimisation of the Application.
4.2 By becoming a Tubewash user, you agree to receive communications from Tubewash, including via e-mail, text message, calls, and push notifications. Any of your information, including geolocational data, you upload, provide, or post on the Tubewash Platform may be accessible to Tubewash and selected third parties for marketing and analytical purposes.
4.3 Tubewash may disclose the Client 's information to third parties:
in the event that Tubewash sells or buys any business or assets, in which case Tubewash will disclose the Client 's data to the prospective seller or buyer of such business or assets; and
if Tubewash is under a duty to disclose or share the Client 's data in order to comply with any legal obligation, to protect the rights, property, or safety of Tubewash, other users of the Services or Application, or others in relation to information security breach investigation or notification. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
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
6.1 Tubewash shall be committed to ensuring that the Client 's information is secure. To prevent unauthorised access or disclosure, Tubewash shall put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information collected by Tubewash online.
6.2 Tubewash shall do its best to protect the Client 's data, however, any transmission is at the Client's own risk.
6.3 Once Tubewash has received the Client 's information, Tubewash shall use strict procedures and security features to try to prevent unauthorised access.
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:
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);
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
1.1 Complaints are an important way for Tubewash to be made accountable to its Client s, provides valuable prompts to review its performance, as well as insight into how its employees conduct themselves.
1.2 The purpose of this policy is to enable Clients to make complaints, enable its employees to effectively handle and resolve complaints, and to provide a process to collect, collate and retrospectively analyse complaint data to continuously improve operations.
1.3 This policy and procedures are designed to ensure that Client complaints about Tubewash products and services are managed through an effective and consistent process that meets the requirements of reasonable standards for handling the Clients complaints. Tubewash defines a Client Complaint as a complaint about the service or action of its staff, by a person who is apparently directly affected by the service, or action.
2. Policy
2.1 Tubewash is committed to delivering high-quality services and welcomes client’s feedback on its products, services, performance, and staff as a means of monitoring and improving service delivery to clients, as well as enhancing effectiveness and efficiency.
2.2 Tubewash is also committed to ensuring that all clients complaints are managed in a responsive, efficient, effective, and fair manner. Complainants will be treated with respect and will receive a professional level of service throughout the complaint management process.
2.3 Together, the policy, procedure, personnel, and technology used by Tubewash to receive, record, respond to and report on clients complaints comprise the framework of procedures required to professionally manage Clients Complaints.
3. Responsibilities
3.1 Tubewash Management are responsible for:
establishing a system that manages complaints effectively and efficiently;
ensuring the complaints process is effectively administered;
ensuring all staff are appropriately trained in complaints management;
facilitating the development of the complaints management policy and procedure and the delivery of an effective complaints management system;
conducting internal reviews where Tubewash has conducted an investigation;
ensuring that recommendations made through investigation reports and internal reviews are actioned;
maintaining accurate complaint records; and
determining the response to complaints where escalated.
3.2 Employees are responsible for:
handling complaints in accordance with the company’s Client Complaint procudre;
maintaining accurate complaint records; and
contacting the Client if required and when it is necessary.
4. Client Complaint Procedure
4.1 Tubewash Employees have been trained to settle the majority of complaints quickly and satisfactorily and typically at the time and place a Client raises a complaint. A complaint may be resolved quickly by way of an acceptable explanation or a repeat of the service giving cause to the complaint.
4.2 For instances where a complaint has not been resolved the Client is requested to register the complaint by completing the Complaints Form. The most effective way to complete the form is to visit our website Tubewash.com and submit it online. Hard copy forms are also available at our Tubewash locations if preferred.
4.3 The form will request the Client to complete details such as name and contact information, date and time of the incident giving cause to the complaint and details relating to the nature of the compliant. The online complaint form also allows for images to be submitted where damage to a vehicle is alleged.
5. Investigation
5.1 All complaints at the investigation stage will be dealt with by a service leader and the process will comprise:
Details of the complaint will be fully investigated by a service leader who may review CCTV and High-Definition footage of the time and place of the alleged incident giving cause to the complaint happened; interview employees who were actively involved; and liaise with external parties where applicable.
Following investigation and assessment of the complaint whereas the Client will be contacted by phone and or by email
with written confirmation of the outcome and any recommendations or remedies made.
Where the complaint is upheld a satisfactory remedy will be offered to the Client.
Tubewash aim to complete this process in a period not exceeding seven (7) business days however, occasionally investigations may take longer, particularly if the complaint is complex. Should this be the case the complainant will be contacted by phone and or email to notify the delay and a final date given for a conclusion to be reached.
If the complainant remains dissatisfied with the outcome, they can appeal within three (3) days of the date of the outcome. The appeal will then be escalated to Senior Management comprising directors and board members who will recommend one of the following actions within ten (10) business days of the date of the outcome:
• Uphold the outcome of the investigation; or
• Amend recommendations/actions.
5.2 The complainant will be informed by phone and or email of the outcome of the appeal and the decision reached about this complaint will then be final.
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.