TUBEWASH CAR WASHING & CLEANING LLC
Consumer Terms & Conditions (“Terms,” “Conditions” or “these Terms and Conditions”)
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Definition and Interpretation
- Basis of Terms and Conditions
- Provison of Services
- Customer's Obligations and Representations
- Booking and Payment
- Tax
- Intellectual Property Rights
- Data Protection
- Indemnities
- Disclaimer of Warranties
- Limitation of Liability
- Refunds and Cancellation
- Force Majeure
- Assignment
- 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
Schedule 8 – Customer Complaints Procedures& Policy
1. Definitions & Interpretation
1.1. The following definitions and rules of interpretation apply in these Consumer Terms and Conditions:
- Application: means the "Tubewash" application which can be downloaded to a device that supports the
software and is used by the Customer to purchase the Services specified in Schedule 7;
- Application Account: means the Customer'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 Consumer terms and conditions as amended by Tubewash from time to time;
- Customer: means the person who purchases the Services from Tubewash whether online or on site;
- Effective Date: means either: for Subscription Services, the date and time that the Customer pays the
first Subscription Fee; and for One-off Services, the date and time that the Customer pays for the
Services;
- Faire Usage: means the number of Services provided to the Customer 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;
- One-off Services: means the Services purchased by the Customer on a one-off basis from the Services
point of sale and/or through Tubewash Application. the Services may be any type of Service set out in
Schedule 7 (as may be amended from time to time) or all of them;
- On-Site Policies: means the policies that the Customer 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 Customer 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 Customer that includes Subscription
Services, One-off 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
Customer and the Customer will pay the Subscription Fee to Tubewash;
- Subscription Fee: means the price payable by the Customer 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 Customer
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: means the Customer vehicle, a vehicle used for individuals’ personal use ONLY and any vehicle
accepted by Tubewash to be serviced.
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 Customers to purchase the Services and provides the Services under this purchase at the Site.
2.2 The Customer agrees to purchase the Services, either through the Application, at the Site, or via the
Customer's Subscription.
2.3 Tubewash agrees to provide the Services to:
- a vehicle(s) registered on the Customer's Application Account and selected by the Customer to redeem the
Services against; or
- a vehicle(s) that the Customer 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 Customer 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 Customer pays the first Subscription Fee
until the Subscription is terminated or expires; and
- for One-off Services, from the date and time, that the Customer pays for the Services until the Services
have been completed and the Customer has left the Site.
3. Provision of Services
3.1 Tubewash shall supply the Services to the Customer 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 Customer in any such event.
3.3 Tubewash warrants to the Customer that the Services will be provided using reasonable care and skill.
3.4 The Customer 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 Customer shall use the Application in accordance with the Application Terms &Conditions.
3.7 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 Customers must
comply. By continuing to use the Application and Services, The Customer expressly consents to any additional
terms and conditions associated with the Additional Services.
3.8 Tubewash reserves the right to refuse to provide any Service to whomever, this refusal is at its sole
discretion without any liability to the Customer and/or any other party.
3.9 Tubewash Application Services are exclusively limited to private vehicles. Commercial vehicles,
including but not limited to vehicles licensed for hire such as buses, taxis, limousines, app-based
transportation services and other professional transportation vehicles are subject to Tubewash Commercial
Services – for further information please contact at us info@tubewash.com
3.10 The Customer 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 Customer.
3.11 Services times are estimates. Tubewash does not guarantee that the Services will be completed within
the estimated time nor shall be liable to the Customer for any delay. Completion times may vary depending on
the conditions of the site, the Services requirements, and the conditions of the vehicle.
3.12 Tubewash reserves the right to close the site due to inclement weather, holidays, equipment
maintenance, and/or site upgrades.
4. Customer's Obligations & Representations
4,1 The Customer 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 Customer as advised from time to time by Tubewash.
4,2 By using the Application or purchasing One-off Services, the Customer 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 Customer 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 Customer confirms that he has read, understood, and agreed to be bound by the Customer Terms and
Conditions and the Privacy Policy. Access to or use of the Tubewash Services Site, Application and Services
establishes a legally binding agreement between the Customer and Tubewash.
4,5 It is the Customer'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 Customer.
4,6 The Customer 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; Customers 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 Customers shall not publicly speak, write, publish, or act on behalf of the Tubewash unless authorized.
4,9 Customers 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 Customer may make payment for the Services by cash or debit or credit card payment at the Site,
or by debit or credit card through the Application.
- 5.4 At the Customer’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 Customer 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 funds will be released back to the Customer account immediately.
The Customer acknowledges and agrees that Tubewash will not be responsible or liable to the Customer in
relation to a delay by his bank or card issuer in the release of funds back into his account.
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5.7 We accept payments online using Visa and MasterCard credit and debit cards in AED or any other agreed currency.
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5.8 All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
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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 Customer, 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 Customer for the life of the Application and provision of Services only on the
Application Terms set out in Schedule 5.
- 7,2 The Customer 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 Customer 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 Customer's data in accordance with Schedule 6.
9. Indemnities
- 9.1 By purchasing the Services and/or using the Application or Services, the Customer 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 Customer, directly or through his vehicle/s;
- the Customer'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 Customer's violation of any rights of any third-party, including third-party Intellectual
Property Rights infringement; and
- the Customer's use or misuse of the Application or Services.
- 9.2 The Customer 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 Customer through the Services
or Application will meet the Customer'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 Customer 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 Customer through
the use of the Services or Application.
- 10.6 The Customer 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 Customer,
to the maximum extent permitted by laws.
- 10.7 Notwithstanding, it is at the sole discretion of Tubewash to accept the Customer’s Complaints.
The Customer Complaint shall be raised through Tubewash website, in accordance with these Terms and
Conditions and Customer Complaints Procedures& Policy (details of which are set out in Schedule 8)
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 Customer 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 Customer 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 Customer including but not limited to loss, damage, or injury arising
out of, or in any way connected with:
- provision of the Services to the Customer; and
- any reliance by the Customer 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 Customer;
- the Customer's use or inability to use the Services; and
- any reliance by the Customer 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 Tubewash shall not be liable for any refusal of Services to private vehicles, Taxis, limos,
app-based transportation services (including, but not limited to Careem, Uber, DTC etc) and other
professional transportation vehicles.
- 11.7 This clause 11 shall survive termination or expiry of the Customer's Subscription and/or the
Customer leaving the Site following theOne-off Services.
12. Refunds & Cancellation
- 12.1 Any payment made by a Customer for booked Services will be non-refundable if the Customer 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 Customer 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 Customer has notified Tubewash of such circumstances within 24 hours of the
payment being made and or the Customer leaving the Site;
- 12.2 If the Customer 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.
- 12.5 Should the Customer breach these Terms and Conditions and/or abuse the fair usage of his
Subscription Services, Tubewash will notify the Customer 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 Customer.
- 12.6 Tubewash reserves the right to refuse providing any type of Services should the Customer 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.
- 12,8 Tubewash reserves the right to alter or amend the booking time and date of booked Services
without any liability to the Customer, however, the Customer will be notified of the same.
- 12.9 On the termination or cancellation of the Subscription Services either by Tubewash and/or the
Customer 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.
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13,2 In the event of Force Majeure, Tubewash shall be entitled to a reasonable extension of time for
performing obligations under these Conditions. If the period of delay or non-performance continues for
two months, the Customer 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 Customer shall not assign, novate, or otherwise transfer any of its rights, obligations, or
interests under and in connection with these Terms and Conditions.
15. Notices
- 15,1 Tubewash may give notice by means of email in English to the Customer's email address on record
or by written communication sent by post to the Customer's postal address on record.
- 15.2 The Customer 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
- 15.3 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.
- 15.4 This clause 15 does not apply to the service of any proceedings or any documents in any legal
action or, where applicable, any arbitration or other method of dispute resolution.
16. 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.
17. Waiver
- 17.1 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.
- 17.2 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.
18. Variation
Tubewash reserves the right to change, amend, modify, and revise these Terms and Conditions at any time
at its sole discretion, the Customer 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 Customer agrees to be bound by such amended or modified Terms and Conditions. In
either case, if the Customer does not wish to be governed by the updated version of these Terms and
Conditions, he must send us a termination notice and immediately cease to use the Application. Tubewash
shall not have any liability to the Customer in such an event. In the event of a termination of these
Terms and Conditions, Customer obligations hereunder shall survive.
19. Entire Agreement
- 19.1 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.
- 19.2 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. Headings
The headings in these Terms and Conditions are included for convenience only and shall not affect their
interpretation.
21. Governing Law
These Terms and Conditions entered into between the Customer 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.
22. Dispute Resolution
- 22.1 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).
- 22.2 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.
Schedule 1: Tubewash’s Policies On-Site
1. Operation of the Site
- The Customer shall remain in their vehicle at all times unless otherwise instructed by an employee
of Tubewash.
- The Customer shall not exceed the speed limit of 20 kilometers per hour whilst on the Site.
- The Customer shall leave the Site immediately once the Services are provided and completed.
- The Customer shall not engage in any abusive or aggressive behaviour towards Tubewash'semployees.
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.
- Polish and other cleaning products can be slippery and extreme caution should be exercised when
collecting the vehicle.
2. Operation of the Services
- The Customer shall not break or accelerate his vehicle whilst using the car wash machinery.
- The Customer shall leave his vehicle in neutral whilst using the car wash machinery.
- The Customer shall not step out of his vehicle whilst the car is on the conveyer unless requested to
do so by Tubewash Staff
- The Customer shall ensure his vehicle windows are closed at all times whilst inside the wash tunnel.
- The Customer shall observe and follow all instruction signs while inside the wash tunnel.
- The Customer 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 Customer 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 Customer prior to commencing the Services, if they are not,
they will remain in the vehicle and Tubewash staff will clean around them. Customers must ensure
that the child seats are secure before using them, Tubewash will not be held liable for injury or
loss caused due Customer not re-securing the child seat(s).
- Some products may contain chemicals which are hazardous, therefore Tubewash request that Customers
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 Customer due to the above not being adhered to can not be the
responsibility of Tubewash and is at the Customer risk entirely.
- The Customer 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 Customer’s vehicle will immediately
result in the Services being terminated and the relevant authorities notified.
- Customers 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 Customer purports to leave in the safe
custody or keeping of the Tubewash employees.
- Any claims must be raised during the Existence of the Customer 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.
- Customers shall maintain honourable and dignified relationships with Tubewash Employees and promote
fraternity and goodwill amongst them.
- Tubewash Employees and Customers shall interact with each other cordially, with mutual respect and
dignity, and in a spirit of constructive co-operation.
- Customers 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 Customer towards Tubewash, Employees, or Customers.
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, customer, 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 customers, 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 Customer.
1.5 Security Policy
- The safety of people on the Site is a primary concern of Tubewash. Each Customer 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 customers, and those whom Tubewash
appoints to act on its behalf.
Schedule 3: Site Location
Belhasa ADNOC Service Station -707 Sheikh Zayed Road -Al Quoz-Al Quoz Industrial Area 3 -Dubai
Schedule 4: Pricing Schedule
1. Prices
- 1.1. The Prices shall be fixed by Tubewash as it may decide from time to time, taking into account
any valid exclusive offer or discounts offered by Tubewash at its sole discretion.
- 1.2. Tubewash may at its sole discretion set different prices for Services purchased through the
Application and those purchased on the Site without prior notice.
- 1.3. Tubewash may set different pricing from that advertised on its website.
- 1.4. One-off Services may be purchased by Customers on Site by paying with cash or card.
- 1.5. 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.
- 1.6. 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
- 2.1 Customers may subscribe to Tubewash's Subscription Services by paying a Subscription Fee through
Tubewash Application.
- 2.2 The Subscription Fee shall be payable by the Customer at the applicable rate.
- 2.3 Tubewash reserves the right to change, adjust, and revise the Subscription Fee from time to time
at its sole discretion.
- 2.4 The Services offered under the Subscription may be capped or changed by Tubewash at any time
without notice.
- 2.5 The Services offered under the Subscription Fee are subject to Faire Usage, which is controlled,
changed, revised, and limited at the sole discretion of Tubewash.
- 2.6 Subscription Services cannot be used in conjunction with any other offer, discounts, prepaid
Services, or gift cards unless otherwise stated and accepted by Tubewash.
- 2.7 Tubewash reserves the right to take any remedial action should the Customer continue to abuse
the Faire Usage of the Subscription Services, with no liability to the Customer.
- 2.8 On the termination or cancellation of the Subscription Services either by Tubewash and/or the
Customer no refund will be made, and the Customer continues to have access to the Subscription
Services through the end of the billing period.
- 2.9 All references in this Terms and Conditions to "AED" are to the currency of the United Arab
Emirates Dirham.
Schedule 5: Application Terms
1. Application License
-
1.1 Subject to the Customer's compliance with the Application Terms and Conditions, Tubewash grants
the Customer 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 Customer owns or controls and
to run such copy of the Application solely for its personal use.
- 1.2 No Intellectual Property Rights shall be assigned or otherwise transferred to the Customer under
the license to use the Application.
- 1.3 The Customer 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 Customer's Application Account available to any third party.
2. Terms of Use
- 2.1 The Customer may use the Application to book and pay for Services by creating an Application
Account.
- 2.2 The Customer shall only use the Application and Application Account for the intended purpose and
in accordance with these Application Terms.
- 2.3 The Customer 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 Customer may only access the Application using authorized means under these Application
Terms.
- 2.5 Tubewash reserves the right to terminate the Customer's Subscription and Application Account if
the Customer uses the Application with an incompatible or unauthorized device.
3. Customer's Obligations
- 3.1 By using the Application and Application Account, the Customer agrees to:
- a) keep their Application Account password secure and confidential; and
- provide Tubewash with any proof of identity it reasonably requests.
4. Company's Rights
- 4.1 The Company will have the right to investigate and prosecute violations of these Application
Terms to the fullest extent of the law.
- 4.2 The Company may involve and cooperate with law enforcement authorities in prosecuting users who
violate these conditions.
Schedule 6: Privacy Notice
1. The Terms
- 1.1 This Privacy Notice sets out the basis on which any personal data collected by Tubewash or that
the Customer provides to Tubewash in connection with these Conditions, will be processed by
Tubewash.
- 1.2 This Privacy Notice also sets out the terms between the Customer and Tubewash under which the
Customer may use Tubewash's Services and Application. By using the Services and the Application the
Customer 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 Customer:
- Information Provided to Tubewash:
This is information about the Customer 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 Customer'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 Customer uses the Application on and related software,
hardware, and peripherals, including the internet protocol address, used to connect the Customer's
device to the internet, browser type and version, time zone setting, browser plug-in types, and
versions, operating system, and platform.
By accessing the Services and Application the Customer 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 Customer in accordance with these Conditions:
- to notify the Customer about changes to the Services;
- to ensure that the content from Tubewash is presented in the most effective manner for the Customer
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
Customer and their device.
4. Disclosure of Information
- 4.1 The Customer 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 Customer's information to third parties:
- in the event that Tubewash sells or buys any business or assets, in which case Tubewash will
disclose the Customer'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 Customer'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 Customer'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 Customer 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
Customer's data is treated securely and in accordance with this Privacy Notice.
6. Security
- 6.1 Tubewash shall be committed to ensuring that the Customer'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 Customer's data, however, any transmission is at the
Customer's own risk.
- 6.3 Once Tubewash has received the Customer's information, Tubewash shall use strict procedures and
security features to try to prevent unauthorised access.
7. The Customer's Rights
Tubewash shall respect the Customer's privacy and shall only use its data for marketing purposes when
required. The Customer 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
1. Tubewash shall provide the following Services:
- 1.1. Subscription Services: Services purchased through Tubewash Application by the Customer monthly,
The Services include Vehicle Washing, and Interior Vehicle Cleaning (as may be amended from time to
time);
- 1.2. One-off Services: Services are provided on a one-off basis either when purchased at the point
of sale (Pay as You Go) or through Tubewash Application, the Services include any type of Services
provided by Tubewash to the Customers (as may be amended from time to time) or all of them;
- 1.3. Speciality Treatments: Services are provided to the Customers 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: Customer Complaints Procedures& Policy
Tubewash values its reputation for high standards of service delivery and this policy sets out our
commitment to Customer Feedback and our Procedures for handling complaints.
1. Purpose
Complaints are an important way for Tubewash to be made accountable to its Customers, provides valuable
prompts to review its performance, as well as insight into how its employees conduct themselves.
The purpose of this policy is to enable Customers 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.
This policy and procedure are designed to ensure that Customer complaints about Tubewash products and
services are managed through an effective and consistent process that meets the requirements of
reasonable standards for handling Customer complaints. Tubewash defines a Customer 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
Tubewash is committed to delivering high-quality services and welcomes Customer feedback on its
products, services, performance, and staff as a means of monitoring and improving service delivery to
Customers, as well as enhancing effectiveness and efficiency.
Tubewash is also committed to ensuring that all Customer’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.
Together, the policy, procedure, personnel, and technology used by Tubewash to receive, record, respond
to and report on Customers complaints comprise the framework of procedures required to professionally
manage Customers 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 Customer Complaint Procedure;
- maintaining accurate complaint records; and
- Contacting the Customer if required and when it is necessary.
4. Customer Complaint Procedure
Tubewash Employees have been trained to settle the majority of complaints quickly and satisfactorily and
typically at the time and place a customer 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.
For instances where a complaint has not been resolved a Customer 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 online. Hard copy forms are also available at our Tubewash locations if
preferred.
The form will request the customer 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 complaint.
The online complaint form also allows for images to be submitted where damage to a vehicle is alleged.
5. Investigation
All complaints at the investigation stage will be dealt with by a service leader and the process will
comprise:
- 5.1 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.
- 5.2 Following investigation and assessment of the complaint whereas the Customer will be contacted
by phone and or by email with written confirmation of the outcome and any recommendations or
remedies made.
- 5.3 Where the complaint is upheld a satisfactory remedy will be offered to the Customer.
- 5.4 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.
- 5.5 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.
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 Customer 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 Customer Terms&Conditions.
These Terms and Conditions govern any Service provided to the Customer by Tubewash.
Customer use of the Services after any such change constitutes his acceptance of the new Terms of Services.
If Customer 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.
Customers 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.