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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     Supply 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
 

1.    Definitions and Interpretation

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

a)    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;

b)    Application Account: means the Customer's account which they have set up to use the Application;

c)    Business Day: means any day which is not a Saturday, Sunday, or public holiday in the United Arab Emirates;

d)    Conditions: means the Consumer terms and conditions as amended by Tubewash from time to time; 

e)    Customer: means the person who purchases the Services from Tubewash whether online or on site;

f)    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;

g)    Faire Usage: means the number of Services provided to the Customer via the Subscriptions Services including unlimited Subscriptions, Offers and Promotional Services.

h)    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;

i)    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;

j)    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;

k)    Mandatory Policies: means Tubewash's internal policies as set out in Schedule 2;

l)    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;

m)    On-Site Policies: means the policies that the Customer must comply with whilst on the Site as set out in Schedule 1;

n)    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;

o)    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; 

p)    Site: means the location where the Services shall be offered by Tubewash as set out in Schedule 3;

q)    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;

r)    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);

s)    Subscription Services: means the Services purchased through Tubewash Application by the Customer monthly; 

t)    Tubewash: means Tubewash Car Washing & Cleaning LLC with license number 765994 and registered office at Belhasa Building- Office No104 - Ittihad Street -Deira -Dubai; and

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

 

b)    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:
a)    for Subscription Services, from the date and time, that the Customer pays the first Subscription Fee until the Subscription is terminated or expires; and

 

b)    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.    Supply 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 and Representations

4.1      The Customer shall comply at all times with:

a)    All applicable Laws and Regulations existing in the UAE;

 

b)    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 personal 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 and 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.

5.5      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.

 

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:

 

a)    any act or omission (including negligence) by the Customer, directly or through his vehicle;

 

b)    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;

 

 

c)    the Customer's violation of any rights of any third-party, including third-party Intellectual Property Rights infringement; and

 

d)    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:

 

a)    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;

 

b)    provision of the Services will be timely, uninterrupted, or error-free;

 

c)    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;

 

d)    any stored data will be accurate or reliable;

 

e)    errors or defects in the Services or Application will be rectified;

 

f)    the service or the servers that make the Application available are free of viruses or other harmful components; or
g)    no loss or damage will be caused to any vehicle or property of the Customer used 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 the Tubewash website, in accordance with these Terms and Conditions and Customer 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 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:

 

a)    provision of the Services to the Customer; and

 

b)    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:

 

a)    provision of the Services to the Customer;

b)    the Customer's use or inability to use the Services; and

 

c)    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 One-off Services.

 

12.    Refunds and 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, 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.

 

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 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 do 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

a)    The Customer shall remain in their vehicle at all times unless otherwise instructed by an employee of Tubewash.
b)    The Customer shall not exceed the speed limit of 20 kilometers per hour whilst on the Site.
c)    The Customer shall leave the Site immediately once the Services are provided and completed.
d)    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.
e)    Polish and other cleaning products can be slippery and extreme caution should be exercised when collecting the vehicle.


2.    Operation of the Services

a)    The Customer shall not break or accelerate its vehicle whilst using the car wash machinery.
b)    The Customer shall leave its vehicle in neutral whilst using the car wash machinery.
c)    The Customer shall not step out of his vehicle whilst the car is on the conveyer unless requested to do so by Tubewash Staff
d)    The Customer shall ensure his vehicle windows are closed at all times whilst inside the wash tunnel.
e)    The Customer shall observe and follow all instruction signs while inside the wash tunnel.
f)    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
g)    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. 
h)    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).
i)    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.
j)    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.
k)    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. 
l)    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.
m)    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

a)    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.

b)    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.

a)    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.
b)    Customers shall maintain honourable and dignified relationships with Tubewash Employees and promote fraternity and goodwill amongst them.
c)    Tubewash Employees and Customers shall interact with each other cordially, with mutual respect and dignity, and in a spirit of constructive co-operation.
d)    Customers shall not use any offending or threatening or annoying language, postures, etc., and shall not publicly display their anger or displeasure, or annoyance.
e)    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.

a)    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
b)    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

a)    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:
b)    Ethically, honestly, responsibly, and diligently;
c)    In full compliance with the letter and spirit of the law and this Code; and
d)    In the best interest of the Customer.
 
1.5 Security Policy

a)    The safety of people on the Site is a primary concern of Tubewash. Each Customer must comply with all applicable health and safety policies.
b)    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.

2.8      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 their 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 their 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:

a)    modify or make similar works based on the Application;
b)    copy or distribute the Application or other content without Tubewash's written permission;
c)    reverse engineer or access the Application to:
d)    build a competitive product;
e)    build a product using similar ideas, functions, or graphics;
f)    copy any ideas, features, functions, or graphics; or
g)    launch an automated program or script;
h)    use the Application or the Application Account:
i)    to cause nuisance, annoyance or inconvenience;
j)    in any way which is unlawful or fraudulent;
k)    to store unlawful or damaging material; or
l)    to impair the proper operation of the network;
m)    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
b)    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:

a)    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.

b)    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:

a)    to notify the Customer about changes to the Services;
b)    to ensure that the content from Tubewash is presented in the most effective manner for the Customer and their device;
c)    to administer the Application and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
d)    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:

a)    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:

a)    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

b)    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 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 customer complaints comprise the framework of procedures required to professionally manage Customer 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 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 compliant 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 compliant. 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.

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