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 Company who 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 the Subscription 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; the Client 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 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
Client in relation to a delay by his bank or card issuer in the release of funds back into his account.
- 5.7 We accept payments online using Visa and MasterCard credit and debit cards in AED or any other agreed currency.
- 5.8 All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- 5.9 Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of the UAE.
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.
- 10.6 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 the Services.
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.
- 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 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
- 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 its use 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
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.
- (b) 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 Clients, 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 Client’s 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.
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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.
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.