TUBEWASH CAR WASHING & CLEANING LLC

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

  1. Definitions and Interpretation                                                                                       

  2. Basis of Terms and Conditions                                                                                       

  3. Provision of Services                                                                                                           

  4. Client's Obligations and Representations                                                                

  5. Fees and Payment                                                                                                     

  6. Tax                                                                                                                                    

  7. Intellectual Property Rights                                                                                           

  8. Data Protection                                                                                                                

  9. Indemnities                                                                                                                      

  10. Disclaimer of Warranties                                                                                               

  11. Limitation of Liability                                                                                                       

  12. Refunds and Cancellation                                                                                               

  13. Force Majeure                                                                                                                  

  14. Assignment

  15. Relationship of Parties                                                                                                                     

  16. Notices                                                                                                                              

  17. Severance                                                                                                                      

  18. Waiver                                                                                                                            

  19. Variation                                                                                                                        

  20. Entire Agreement 

  21. Headings                                                                                                      

  22. Governing Law                                                                                                               

  23. Dispute Resolution                                                                                                        
    Schedule 1 – Tubewash's Policies on Site                                                                                  
    Schedule 2 – Mandatory Policies                                                                                                  
    Schedule 3 – Site Location                                                                                                            
    Schedule 4 – Pricing Schedule                                                                                                      
    Schedule 5 – Application Terms                                                                                                   
    Schedule 6 – Privacy Notice                                                                                                         
    Schedule 7 – Type of Services&Specifications

Schedule 8 – Clients Complaints Procedures& Policy


 

1.  Definitions & Interpretation

 

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

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:

 

 

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:

 

 

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:

 

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:

 

 

 

 

 

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:

 

 

 

 

 

 

 

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:

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:

 

 

 

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 agreementscertificatesinstruments 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

 

2.  Operation of the Services

Schedule 2: Mandatory Policies

1. The Mandatory Policies are:

1.1  Modern Slavery and Human Trafficking Policy

1.2  Corporate and Social Responsibility Policy

1.3  Anti-bribery and Anti-corruption Policy

1.4  Ethics Policy

1.5  Security Policy

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

2.  Subscription Fee

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:

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:

4. Tubewash's Rights


Schedule 6: Privacy Notice

1.  The Terms

 

2.  Information Tubewash will Collect.

2.1  Tubewash will collect and process the following data about the Client:

 

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.

 

 

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:

 

4.  Disclosure of Information

 

4.1  The Client agrees that Tubewash has the right to share information with:

 

 

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:

 

 

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:

 


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:

 


3.2  Employees are responsible for:

 

 

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:

 

with written confirmation of the outcome and any recommendations or remedies made.

•    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.


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.