TUBEWASH CAR WASHING & CLEANING LLC

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

  1. Definition and Interpretation
  2. Basis of Terms and Conditions
  3. Provison of Services
  4. Customer's Obligations and Representations
  5. Booking 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. Notices
  16. Severance
  17. Waiver
  18. Variation
  19. Entire Agreement
  20. Headings
  21. Governing Law
  22. 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:

  1. 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;
  2. Application Account: means the Customer's account which they have set up to use the Application;
  3. Business Day: means any day which is not a Saturday, Sunday, or public holiday in the United Arab Emirates;
  4. Conditions: means the Consumer terms and conditions as amended by Tubewash from time to time;
  5. Customer: means the person who purchases the Services from Tubewash whether online or on site;
  6. Effective Date: means either: for Subscription Services, the date and time that the Customer pays the first Subscription Fee; and for One-off Services, the date and time that the Customer pays for the Services;
  7. Faire Usage: means the number of Services provided to the Customer via the Subscriptions Services including unlimited Subscriptions, Offers and Promotional Services.
  8. Force Majeure: means any event or circumstance or a combination thereof occurring or subsisting after the Effective Date, the occurrence of which is not reasonably foreseeable as of the Effective Date and which is beyond the reasonable control of Tubewash, notwithstanding its reasonable care, and shall include but not limited to: flood, lightning, storm, typhoon, tornado, earthquake, landslide, soil erosion, subsidence, washout, radioactive contamination or epidemic; war (whether declared or undeclared), blockade, insurrection, military uprising, or act of public enemies; revolution, rebellion, civil war, riot, civil disturbance, civil commotion, terrorist acts, seizure or act of sabotage, imposition of sanctions, embargo or breaking off diplomatic relations; and trade or labour dispute, strike, lockout, or industrial disturbance;
  9. Intellectual Property Rights: means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  10. Laws: means all applicable national, federal, and international laws including, but not limited to, treaties, statutes, decrees, edicts, codes, orders, judgments, rules, ordinances, and regulations of any local, municipal, territorial, provincial, federated, national, or any other duly constituted governmental authority or agency of any governmental authority;
  11. Mandatory Policies: means Tubewash's internal policies as set out in Schedule 2;
  12. 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;
  13. On-Site Policies: means the policies that the Customer must comply with whilst on the Site as set out in Schedule 1;
  14. 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;
  15. 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;
  16. Site: means the location where the Services shall be offered by Tubewash as set out in Schedule 3;
  17. 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;
  18. 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);
  19. Subscription Services: means the Services purchased through Tubewash Application by the Customer monthly;
  20. Tubewash: means Tubewash Car Washing & Cleaning LLC with license number 765994 and registered office at Belhasa Building- Office No104 - Ittihad Street -Deira -Dubai; and
  21. 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:

  1. a vehicle(s) registered on the Customer's Application Account and selected by the Customer to redeem the Services against; or
  2. 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:

  1. for Subscription Services, from the date and time, that the Customer pays the first Subscription Fee until the Subscription is terminated or expires; and
  2. 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:

  1. All applicable Laws and Regulations existing in the UAE;
  2. 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