Terms & Conditions
These terms and conditions (“T&Cs”) apply to Your access to, and use of the Application (defined hereinbelow). The Application is operated by Ello and its subsidiaries, associates, licensees, and affiliated companies (“Ello”).
You acknowledge that Ello is providing you with a revocabale license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.
By continuing usage of the Application, You are consenting to be bound by these T&Cs. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND ANI IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
- “Account” refers to the User’s account on the mobile application Ello enabling the use of the Application by the User
- “Application” shall mean the mobile application “Ello” and shall mean and include any updates provided by Ello from time to time.
- “Registration Data” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by Ello from time to time, provided by the Users at the time of registration on the mobile application Ello or otherwise.
- “User” shall mean persons who have created an Account and use the Application.
- "You", “Your" or “Yourself” shall mean reference to the User accessing the Application.
Ello Rideshare Terms of Service
Last Updated: February 6, 2019
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Ello LLC dba Ello Rideshare/Ello Grandparents, Inc. (“Ello,” “we,” “us” or “our”) governing your use of the Ello LLC user/driver applications, website, and technology platform (collectively, the “Ello Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND Ello LLC dba Ello Rideshare/Ello Grandparents HAVE AGAINST EACH OTHER CAN BE BROUGHT to(email@example.com). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST Ello LLC dba Ello Rideshare/Ello Grandparents TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN Claims. As a user for the ello rideshare & ello grandparents app(s) & website,! you consent to waiving your rights & filing any lawsuits against ello llc in the event of any occurring incident(s) while using the ello rideshare app(s) & or ello grandparents transportation services, you take and understand all risks involved in any incident(s) that may occur using any of ello llc services.
By entering into to this Agreement, and/or by using or accessing the Ello LLC platforms you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Ello LLC PLATFORMs "user/driver apps and services by ello Grandparents. If you use the services of Ello LLC dba Ello Rideshare/Ello Grandparents Transportation or its affiliates in another county and city within the State of New Mexico, by using the Ello LLC Platforms within the State of New Mexico you agree to be subject to Ello LLC terms of service's within the State of New Mexico.
The Ello LLC Service(s) Platforms
The Ello LLC Platforms provide a marketplace where persons who seek transportation to certain destinations (“Riders/users”) can be matched with persons driving to or through those destinations (“Drivers/providers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Ello LLC Platforms. Each person may only create one User account, Therefore corporate accounts will have to be submitted by phone and or email and Ello LLC dba Ello Rideshare/ Ello Grandparents reserves the right to shut down any additional accounts without prior approval set forth by Ello LLC. As a User, you authorize Ello LLC Rideshare and or Ello Grandparents Transportation Services to match you with a Driver based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform(s) shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Ello LLC Driver(s) to a Rider shall be constituted under all terms and conditions stated above under a separate agreement between such persons.
Modification to the Agreement
In the event Ello LLC dba Ello Rideshare/ Ello Grandparents modifies the terms and conditions of this Agreement, such modifications shall be binding, Ello LLC dba Ello Rideshare/ Ello Grandparents reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Ello LLC Platforms or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of Arbitration.
The Ello LLC Platforms may only be used by individuals who can form legally binding contracts under applicable law. The Ello Rideshare / Ello Grandparents Platform is not available to children though (persons ages of 16 years with parental consent sent into firstname.lastname@example.org stating that the parental or legal guardian has given full consent for using Ello LLC rider/user app this is not applicable to under age drivers seeking to drive for Ello LLC drivers position) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement, unless otherwise persons ages 16 years and have full parental and guardian consent to use Ello LLC services for transportation. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. If at anytime it is suspected that your user account is being used none other than you and or found that the account user is under the age of 16 years and or 16 years or older with out parental or guardian consent before the age of 18 years, Ello LLC dba Ello Rideshare/ Ello Grandparents has the right to temporarily or permanently deactivate your user account unless otherwise given parental or guardian consent is given, Ello LLC dba Ello Rideshare/ Ello Grandparents is not responsible for any unfortunate event(s) that may occur while using Ello LLC services with unknowingly knowledge that there is under an underage account within Ello LLC dba Ello Rideshare/ Ello Grandparents Platforms, as there are accounts that may be set up falsely without Ello LLC services knowledge, Therefore in the findings of any such user account to the best of our knowledge any findings of such false accounts or unfortunate events leading to he findings of false accounts therefore voids any or all claims, lawsuits, arbitration agreements as this matter violates all and any of Ello LLC dba Ello Rideshare/ Ello Grandparents terms of conditions of services.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, and taxes as set forth on your Ello LLC web app (www.ello.city), plus any tips to the Driver that you elect to pay is one hundred percent kept by the driver. Ello LLC has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your Ello User App/Web app page or quoting you a price for a specific ride at the time you make a request or call in for a dispatched Driver(s). Pricing may vary based on the type of service(s) you request (e.g., Ello-Prime, Ello-Pro, Ello-Gant, Ello-Zen, Ello-DD Service(s) etc.) as described on your Ello User/web app page. You are responsible for reviewing the applicable Ello LLC web app page for price quote within the Ello User app or Ello web app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
- Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
- Quoted Fares. In some cases Ello LLC may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, off destination route to make multiple stops, or attempt to abuse the Ello LLC Platforms, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride, Ello has not yet Implemented any sort of multiple stop request within the Ello User App. Ello Rideshare / Ello Grandparents does not guarantee that the quoted fare price will be equal to a variable fare for the same ride as NM state tax fare quote or estimate can change as pricing either increases or decreases depending on the distance or time of the requested ride at the time of use.
Fees and Other Charges.
- Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable in your Ello LLC app.
- Prime Time/Surge charges will not be applied at any given time. Ello LLC Reserves the right to apply a form of prime time/surge charges during a major city event, celebration, state fair, balloon fiesta, concerts, special events throughout the State of New Mexico.
- Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. In the event of a no-show at your requested pick up location a no-show fee will be charged after requesting a ride. Using the Ello LLC user/rider app you agree to the charges of $6.00 flat rate per occurrence.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle any shape or form, you agree to pay a “Damage Fee” of $300.00 up to $1,500.00 depending on the extent of the damage done to any driver vehicles (as determined by Ello LLC dba Ello Rideshare/ Ello Grandparents in its sole discretion), towards vehicle repair or cleaning. Ello LLC dba Ello Rideshare/ Ello Grandparents reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee and or any Court or Arbitration fees paid for by the Ello User(s) account regardless if the user account is shared or not.
- Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state tax or local fees, event fees as determined by Ello LLC dba Ello Rideshare/ Ello Grandparents or its marketing partners, and processing fees. In addition, where required by law Ello LLC dba Ello Rideshare/ Ello Grandparents will collect applicable taxes. See your Ello web app page for details on other Charges that may apply to your ride.
- Tips. Following a ride, you may elect to tip your Driver in cash or through the Ello LLC user app. Any tips will be provided entirely to the applicable Driver kept at one hundred percent.
Ello LLC Charges and terms of payments/refunds.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Square, or PayPal, Inc.). Ello LLC dba Ello Rideshare/ Ello Grandparents may replace its third-party payment processing services without notice to you. Charges shall only be made through the Ello LLC dba Ello Rideshare/ Ello Grandparents Platform. With the exception of tips, cash payments are strictly prohibited, Drivers are prohibited from doing any cash transactions outside of the driver and users apps. Your payment of Charges to Ello LLC dba Ello Rideshare/ Ello Grandparents satisfies your payment obligation for your use of the Ello LLC dba Ello Rideshare/ Ello Platforms and Services.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Ello Rideshare/Ello Grandparents Platforms, any disruption to the Ello LLC Platforms or Services, or any other reason whatsoever. Though in the event of a requested refund your account shall be credited within your user wallet as seen in the user app features up to the discretion of Ello LLC 1 or 1 1/2 times the ride amount charged.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on Ello Rideshare/ Ello Grandparents Platforms, and are not transferable or redeemable for cash required by law/Ello LLC policy. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Ello Rideshare/ Ello Grandparents may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. If you split payment for a Ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Ello Rideshare/ Ello Grandparents.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, Ello Rideshare/ Ello Grandparents may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Go to the Help section in the Ello.City web app.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum below., which shall form part of this Agreement between you "The Driver" and Ello Rideshare/ Ello Grandparents. The Driver Addendum is available in the Ello.City web app.
Ello LLC Driver Addendum
Last Updated: February 6, 2019
This Ello LLC Driver Addendum is an addendum to the Agreement at ello.city within these terms and conditions between you and Ello Rideshare / Ello Grandparents and it sets forth additional terms and conditions that are applicable to your provision of Services through the Ello LLC Platform. Capitalized terms herein have the meaning set forth in the Agreement. This addendum replaces and supersedes any “Commission Schedule” or prior Driver Addendum that you have previously agreed to. NOTE: Drivers, Ello LLC/ DBA Ello Rideshare is an at will employment for any 1099/independent contractor and reserves the rights to relieve you of any and all services provided by Ello LLC/DBA Ello Rideshare with or without notice for the best interest of both parties!.
To all drivers in the circumstances that any worst case scenario's or altercations may occur upon showing up or during a ride, drivers must be aware of their safety at all times. Ello RideShare LLC is not in control of any situation that may occur, we understand that drivers have to take consideration of showing up to the ride with no knowledge of what may happen. "Drivers" do not place yourself in a uncomfortable situation, Ello rideshare advises all drivers to take precautions upon arrival and during any and all rides started. This goes for any occurrences, please be aware that if any of these situations are taken upon the driver(s) to stay and involve oneself him/her in their own decisions, Ello RideShare LLC is not responsible for any damges or injuries that may occur, as we advise all Drivers to “not stay or stick around” in an unsafe situation and take matters into ones own hands, in any type of scenario domestic violence altercations, argumentative altercations etc.
CALL THE POLICE!
As this may put you the driver or passenger in danger or risk injury.
1) Get out of harms way! GET SOMEWHERE SAFE! Even if dispatch operator tells you to stay on scene, leave and return to the scene once Police have arrived.
2) We do advise to “Call 911” in any emergency related incident.
3) Cancel the Ride! Remembrance of your safety! Canceling will not hurt your Driver profile!
4) Call the after hours number after you have spoke with the Police.
Drivers, we at Ello RideShare care about your safety and your Passengers. Please do not take matters into your own hands. Always get to safety, call the Police, cancel the ride and last please call Ello first thing after you have spoken with the Police!
Ello RIdeshare Cares!
Driver Fare. You are entitled to a Driver Fare for the Services you perform for Riders, as provided in the Agreement and this Driver Addendum. The “Driver Fare” for a completed ride consists of a base fare amount plus incremental amounts based on the actual time and distance of the ride, as measured by Ello Rideshare/ Ello Grandparents. The applicable base fare and time and distance amounts are shown in the driver wallet in the Driver app. The driver wallet amounts displayed in your driver dashboard are personal to you. The Driver wallet amounts may vary by including but not limited to factors such as the market where you provide Services or pick up a particular ride, the date you applied or became approved as a driver, the vehicle type you use or your use of an Express Drive vehicle, and the type of service you are providing (for example, standard Ello-Prime,Ello-Pro,Ello-Gant,
Additional Payments to You. In addition to the Driver Fare, you will receive the following payments, if applicable: (1) any tips provided by a Rider to you, (2) any damage charges we collect on your behalf, and (3) any bonuses or incentives you earn based on your provision of Services.
Payments, Adjustments and Settlement. Ello Rideshare/ Ello Grandparents will collect payments owed to you by Riders and other third parties as your limited payment collection agent and you agree that the receipt of such payments by Ello LLC satisfies the payer's obligation to you. Ello Rideshare/ Ello Grandparents reserves the right to adjust or withhold all or a portion of a Driver Fare or other payment owed to you (except tips) (i) if we believe that you have attempted to defraud or abuse Riders, Ello Rideshare/ Ello Grandparents or our payment systems, or (2) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Ello LLC platform when the ride was over). Ello Rideshare/ Ello Grandparents decision to adjust or withhold the Driver Fare or other payment in any way shall be exercised in a reasonable manner. If you have agreed to any other amounts being deducted from your Driver Fares with any party (such as vehicle rental or lease payments), those amounts will be deducted before remittance to you, and we may determine the order of these other deductions if allowed by law. We will use reasonable efforts to ensure that your Driver Fare and any other payments to you will be paid to you on at least a weekly basis. You acknowledge you are a independent contracted 1099 driver of Ello LLC transportation services and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
Rider Charges. Ello Rideshare/ Ello Grandparents will charge the Rider an amount calculated or determined by Ello LLC on your behalf of Services you perform for Riders (the “Rider Charges”). Rider Charges may be determined after the ride is completed based on the time and distance of the ride and the rates on the Ello web app and web pages (www.ello.city/www.
Ello's Fees. In exchange for your use of the Ello Rideshare/ Ello Grandparents Platform and the services provided by Ello LLC to you, you agree to pay Ello Rideshare/ Ello Grandparents (and permit Ello LLC to retain) a service fee (“Service Fee”) and platform fee (“Platform Fee”) based on each ride you provide. The Service Fee shall be a set amount for each ride as set forth in your Rate Card or Cities page at the time of the ride. The Platform Fee shall be a variable amount equaling the Rider Charges minus: (i) the Driver Fare, (ii) Any surcharges we collect for remittance to you, (iii) the Service Fee, (iv) any Third Party Fees that Ello Rideshare/ Ello Grandparents collects, and (v) any bonuses or incentives you earn based on your provision of Services. In the event of a ride where the combination of (i)-(iv) above is greater than the Rider Charges, no Platform Fee will be charged to you for that ride. In such cases, any excess amounts that you receive will be shown as an adjustment to your Platform Fee (or if necessary, as an adjustment to another payment owed to you). The Platform Fee may include any event fees in effect (as determined by Ello Rideshare/ Ello Grandparents) based on the location of the pick-up or drop-off of the ride. For your convenience, Ello LLC may collect the Service Fee, event fees, or any payment fees as applicable from Riders on your behalf to offset your payment of such fees to Ello Rideshare / Ello Grandparents.
Payment Processing. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/
Express Pay. If you elect to receive payments through Ello Rideshare/ Ello Grandparents platform Express Pay feature (which Ello LLC may offer to you in its sole discretion), you acknowledge that you will be charged a fee for this Express Pay service as described by Ello LLC prior to confirmation. You understand that (i) your financial institution may not support Express Pay, (ii) Ello LLC and Stripe make no guarantee concerning how quickly Express Pay payments will settle with your account, and (iii) not all payments through the Ello Rideshare/ Ello Grandparents Platform are eligible for Express Pay.
Promotions and Coupons. Ello LLC may, at its discretion, offer promotional or other Coupons to Riders, however such discounts shall not impact the Driver Fare or any other payments owed to you. You agree that Ello LLC may sell passes or subscriptions (each, a “Ride Pass”) on your behalf to generate additional leads for your Services. Ride Passes entitle Riders to receive discounted or capped fares for qualifying rides (subject to certain limitations, terms and conditions). When a Rider uses a Ride Pass to receive a qualifying ride, Ello LLC will use the Ride Pass payment in satisfaction of the ride total Charges subject to the terms and conditions of the Ride Pass. Your payment for Services arranged with a Ride Pass will be determined based on the Driver Fare for the ride as provided in this Driver Addendum. In the event that Ride Pass collections from a Rider exceed qualifying ride Charges (if any), you agree that as between you and Ello LLC, and to the extent permitted by law, Ello LLC may retain such excess amounts in consideration for Ello Rideshare / Ello Grandparents sales and marketing of Ride Passes.
No Additional Amounts. You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Ello Rideshare / Ello Grandparents and its Affiliates may seek to generate additional demand for your Services from new and existing Riders. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement and Driver Addendum.
Ello LLC Communications
By entering into this Agreement or using the Ello Rideshare/ Ello Grandparents Platforms, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Ello LLC, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Ello LLC Platform or Services, updates concerning new and existing features on the Ello LLC Platform, communications concerning promotions run by us or our third-party partners, and news concerning Ello Rideshare/ Ello Grandparents and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. In no given circumstances will your user personal information such as phone number, email, in putted home address or work locations be sold or given to a third party.
You may be able to create or log-in to your Ello Rideshare/ Ello Grandparents User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Ello Rideshare/ Ello Grandparents through an SNS Account, you understand that Ello LLC may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Ello LLC Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
Using your debit/credit card as a payment method you are allowing Ello LLC to initiate a transfer from your bank account. If your bank account does not cover the transaction you are authorizing Ello LLC to charge your bank account daily until payment is recieved and paid in full. You will be charged the full amount of the ride along with a inconvenience fee of one times the amount of failed payment per ride.