Terms and Conditions
ELLOCAB — Terms and Conditions (User Agreement)
Effective Date: 24 March 2026 | Last Updated: 24 March 2026
These Terms and Conditions (hereinafter referred to as "Terms", "Agreement", or "User Agreement") constitute a legally binding agreement between you ("User", "Customer", "you", or "your") and Pitambar Travels Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in Kolkata, West Bengal, India, operating under the brand name "ELLOCAB" (hereinafter referred to as "ELLOCAB", "Company", "we", "us", or "our").
By accessing, browsing, or using the website located at https://ello.cab (the "Website"), any associated mobile application (the "App"), WhatsApp booking interface, or any other digital or offline service channel operated by ELLOCAB (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Platform and all related services.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION, AND A LIMITATION OF LIABILITY.
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following expressions shall have the meanings set out below:
"Booking" means any reservation or request for transportation services placed by a User through the Platform, whether via the Website, App, WhatsApp interface, telephone, email, or any other channel offered by ELLOCAB.
"Chauffeur" or "Driver" means a licensed driver assigned to operate a Vehicle for the purpose of fulfilling a Booking. A Chauffeur may be employed directly by ELLOCAB or may be engaged through a third-party Transportation Provider.
"Fare" or "Charges" means the total amount payable by the User for a Booking, inclusive of base fare, distance charges, time charges, tolls, parking fees, taxes, surcharges, waiting charges, and any other applicable fees as displayed on the Platform at the time of Booking or as communicated to the User.
"Platform" means collectively the Website (https://ello.cab), the mobile application, WhatsApp booking interface, and any other digital or offline service channel through which ELLOCAB provides access to its services.
"Services" means the technology-enabled intermediary services provided by ELLOCAB through the Platform, which facilitate the connection between Users and Transportation Providers for the provision of chauffeur-driven transportation.
"Transportation Provider" or "Vendor" means any individual or entity (including ELLOCAB's own fleet operations) that provides Vehicles and/or Chauffeurs for the fulfilment of Bookings made through the Platform.
"User Account" or "Account" means the account created by or on behalf of a User on the Platform for the purpose of accessing and using the Services.
"Vehicle" means the motor vehicle assigned to fulfil a Booking, which may be owned, leased, or operated by ELLOCAB or by a third-party Transportation Provider.
Words importing the singular include the plural and vice versa. Words importing any gender include all genders. References to any statute or statutory provision include any subordinate legislation made under it and any modifications, amendments, or re-enactments thereof. Headings are for convenience only and shall not affect the interpretation of these Terms.
2. Nature of the Platform
2.1 Technology Intermediary
ELLOCAB operates as a technology platform and intermediary that facilitates the connection between Users seeking chauffeur-driven transportation services and Transportation Providers (including, where applicable, ELLOCAB's own fleet operations) offering such services. ELLOCAB is not a transportation company, taxi service, carrier, or common carrier. The provision of transportation services is undertaken by the relevant Transportation Provider and Chauffeur, and not by ELLOCAB in its capacity as a platform operator.
2.2 No Employer-Employee Relationship
Except where Chauffeurs are directly employed by ELLOCAB, the relationship between ELLOCAB and third-party Transportation Providers and their Chauffeurs is that of independent contractors. Nothing in these Terms shall be construed to create an employer-employee, principal-agent, partnership, or joint venture relationship between ELLOCAB and any third-party Transportation Provider or Chauffeur.
2.3 No Guarantee of Availability
ELLOCAB does not guarantee the availability, suitability, or quality of any particular Vehicle, Chauffeur, or Transportation Provider. While ELLOCAB endeavours to maintain high standards of service through its vetting and quality control processes, the ultimate responsibility for the provision of safe and satisfactory transportation lies with the respective Transportation Provider and Chauffeur.
2.4 Service Scope
Services offered through the Platform include, but are not limited to, airport transfers, hourly car rentals with chauffeur, intercity and outstation travel, corporate bookings, event transportation, wedding car services, and any other chauffeur-driven transportation service that ELLOCAB may introduce from time to time. All pricing is inclusive of fuel unless otherwise explicitly stated.
2.5 Role of ELLOCAB as a Platform
ELLOCAB majorly operates as a technology platform that facilitates bookings between Users and independent third-party service providers, including vehicle owners and chauffeurs. ELLOCAB may not own or operate vehicles and may not directly provide transportation services. Accordingly, transportation services maybe provided by independent third-party providers. Hence, ELLOCAB shall not be liable for the acts, omissions, quality of service, conduct, or negligence of such third-party providers.
2.6 No Warranty of Platform Availability
The Platform and Services are provided on an "as is" and "as available" basis. ELLOCAB does not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. ELLOCAB disclaims all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
2.7 Service Fulfilment
While ELLOCAB strives to fulfil all confirmed bookings, availability of vehicles and service providers is subject to external factors. In the event that ELLOCAB is unable to fulfil a booking, liability shall be limited to a refund of the booking amount paid, without any further obligation.
2.8 Vehicle Images
Vehicle images displayed on the Platform are strictly illustrative of the vehicle class or category and do not represent the specific vehicle that will be assigned to a Booking. Actual vehicles may vary in colour, make, model, and appearance, subject to regional availability and operational requirements.
3. User Eligibility
3.1 You must be at least eighteen (18) years of age and competent to enter into a binding contract under the Indian Contract Act, 1872, to use the Platform and avail the Services.
3.2 By using the Platform, you represent and warrant that you have the legal capacity and authority to agree to and be bound by these Terms.
3.3 If you are using the Platform on behalf of a company, organisation, or other legal entity ("Organisation"), you represent and warrant that you are authorised to bind such Organisation to these Terms, and references to "you" or "User" shall include both you individually and the Organisation.
3.4 ELLOCAB reserves the right to refuse access to or use of the Platform to any person or entity at its sole discretion, including but not limited to persons who have previously violated these Terms.
4. Account Registration and Responsibilities
4.1 To access certain features of the Platform, you may be required to create a User Account by providing accurate, current, and complete information including your name, mobile number, email address, and such other details as may be required.
4.2 You are solely responsible for maintaining the confidentiality of your Account credentials, including your password, OTP, and any other authentication information. You agree to notify ELLOCAB immediately of any unauthorised use of your Account.
4.3 You are responsible for all activities that occur under your Account, whether or not authorised by you. ELLOCAB shall not be liable for any loss or damage arising from your failure to safeguard your Account credentials.
4.4 You agree not to create more than one Account per individual, nor to create an Account using false or misleading information. ELLOCAB reserves the right to suspend or terminate any Account that it reasonably believes has been created in violation of this clause.
4.5 ELLOCAB may, at its sole discretion, require additional verification of your identity, including but not limited to government-issued identification, before granting or continuing access to the Services.
4.6 ELLOCAB and/or its service providers may require Users to furnish valid government-issued identification for the purpose of verification. Refusal to provide such identification may result in denial of service, cancellation of booking, and forfeiture of applicable booking amounts.
5. Booking and Payment Terms
5.1 Booking Process
(a) A Booking is confirmed only upon receipt of explicit confirmation from ELLOCAB through the Platform, email, SMS, WhatsApp, or such other channel as ELLOCAB may designate. Mere submission of a booking request does not constitute a confirmed Booking.
(b) ELLOCAB reserves the right to accept, reject, or cancel any Booking at its sole discretion, including but not limited to situations involving unavailability of Vehicles, Chauffeurs, or Transportation Providers; suspected fraudulent activity; violation of these Terms; or for any operational, safety, or regulatory reason.
(c) Bookings should be made at least twenty-four (24) hours in advance of the requested service time. ELLOCAB shall use reasonable efforts to accommodate last-minute requests, subject to availability, but does not guarantee fulfilment of Bookings placed with less than twenty-four (24) hours' notice.
5.2 Pricing
(a) All Fares and Charges are displayed on the Platform at the time of Booking or communicated to the User prior to confirmation. Fares are inclusive of fuel charges unless explicitly stated otherwise.
(b) Additional charges may apply for tolls, parking fees, state entry taxes, inter-state permits, night driving surcharges, airport surcharges, extra stops, overtime usage, and any other charges arising from the specific requirements of the journey.
(c) ELLOCAB reserves the right to implement dynamic or surge pricing during periods of high demand, festivals, events, or adverse weather conditions. Surge pricing, if applicable, shall be displayed to the User prior to Booking confirmation.
(d) In the event of a discrepancy between the Fare displayed at the time of Booking and the actual Fare calculated upon completion of the trip, ELLOCAB's calculation shall be deemed final, subject to the User's right to raise a dispute within seven (7) days of trip completion.
5.3 Payment
(a) Payment for Services may be made through such methods as are made available on the Platform from time to time, including but not limited to online payment via UPI, debit card, credit card, net banking, digital wallets, and such other payment instruments as ELLOCAB may support.
(b) All online payments are processed through third-party payment gateways (such as Razorpay, Cashfree, or other processors). ELLOCAB does not store or have direct access to your complete payment card details. Your use of such payment gateways is subject to their respective terms and conditions and privacy policies.
(c) For corporate and pre-contracted accounts, payment may be made on credit terms as separately agreed between ELLOCAB and the corporate entity.
(d) All Fares are quoted in Indian Rupees (INR) unless otherwise specified. Applicable taxes, including Goods and Services Tax (GST), shall be charged in accordance with prevailing laws.
5.4 Refunds
(a) Refunds, if applicable, shall be processed in accordance with ELLOCAB's Cancellation and Refund Policy as set out in Clause 8 herein and as may be further detailed on the Platform.
(b) Refunds shall be credited to the original payment method within seven (7) to fifteen (15) business days from the date of approval, subject to the processing timelines of the User's bank or payment service provider.
(c) ELLOCAB reserves the right to adjust any refund amount to account for services already rendered, cancellation charges, or damages incurred.
(d) Refunds shall be processed net of actual, non-recoverable payment gateway and transaction processing charges incurred by ELLOCAB on the original payment. Such deduction shall not exceed three per cent (3%) of the transaction amount.
5.5 Corporate Accounts
Where Bookings are made under a corporate or business account, the respective organisation shall be jointly and severally liable for all Bookings made by its authorised users, including payment obligations, damages, and compliance with these Terms. ELLOCAB reserves the right to suspend or revoke corporate credit facilities in case of non-payment or misuse.
5.6 Payment Disputes and Chargebacks
In the event of any payment dispute or chargeback initiated by the User, ELLOCAB reserves the right to recover the disputed amount, along with any applicable charges, fees, or penalties imposed by payment processors. ELLOCAB may suspend or restrict access to the Platform until such dispute is resolved.
5.7 Taxes
All applicable taxes, including Goods and Services Tax (GST), shall be charged in accordance with applicable laws. For corporate clients, it shall be the responsibility of the User to provide accurate GST details for invoicing purposes. ELLOCAB shall not be liable for any loss of input tax credit arising from incorrect information provided by the User.
5.8 Assisted Booking Charges
Bookings made through customer support channels (including call centre or manual assistance) may include additional service or support charges. Such charges shall be non-refundable in the event of cancellation, as they represent costs already incurred.
5.9 Pricing Errors
In the event of any pricing error, mispricing, or incorrect fare display on the Platform, ELLOCAB reserves the right to cancel the booking or revise the fare, and shall inform the User accordingly prior to confirmation or fulfilment.
6. Chauffeur and Vehicle Responsibility
6.1 ELLOCAB endeavours to ensure that all Vehicles and Chauffeurs assigned through the Platform meet reasonable standards of safety, cleanliness, and professionalism. However, where services are provided by third-party Transportation Providers, ELLOCAB's ability to control and guarantee standards is inherently limited.
6.2 All Chauffeurs assigned through the Platform shall possess valid driving licences, appropriate permits, and such other certifications as may be required under applicable law. ELLOCAB conducts or requires background verification of Chauffeurs to the extent commercially reasonable; however, ELLOCAB does not guarantee the conduct, competence, or suitability of any Chauffeur.
6.3 All Vehicles assigned through the Platform shall comply with applicable motor vehicle laws, including but not limited to registration, insurance, fitness certification, and pollution compliance. ELLOCAB periodically inspects or requires inspection of Vehicles; however, it does not warrant the mechanical condition, roadworthiness, or fitness of any particular Vehicle.
6.4 To the maximum extent permitted by law, ELLOCAB disclaims all liability for any acts, omissions, negligence, misconduct, or criminal behaviour of any Chauffeur or Transportation Provider, including but not limited to accidents, injuries, property damage, theft, assault, or any other incident occurring during or in connection with a trip.
6.5 Users are encouraged to report any concerns regarding Chauffeur conduct, Vehicle condition, or safety to ELLOCAB immediately. ELLOCAB shall investigate such reports and take appropriate action, which may include suspension or removal of the Chauffeur or Transportation Provider from the Platform.
6.6 Users are advised to verify the identity of the chauffeur and the vehicle details (including registration number and driver identity) before commencing the trip. ELLOCAB shall not be liable for any consequences arising from a User undertaking a trip with a driver or vehicle that does not match the details provided on the Platform.
7. User Conduct
7.1 You agree to use the Platform and Services in a lawful, responsible, and respectful manner. Without limitation, you agree not to:
(a) Provide false, inaccurate, or misleading information during Account registration, Booking, or at any other time;
(b) Use the Services for any unlawful, immoral, or prohibited purpose, including the transportation of illegal substances, weapons, contraband, or hazardous materials;
(c) Engage in any behaviour that is abusive, threatening, harassing, discriminatory, or offensive towards any Chauffeur, ELLOCAB employee, or third party;
(d) Damage, deface, or otherwise cause harm to any Vehicle or property associated with the Services;
(e) Smoke, consume alcohol, or use any intoxicating substance inside the Vehicle without the express permission of the Chauffeur;
(f) Carry animals or pets in the Vehicle without prior approval from ELLOCAB at the time of Booking;
(g) Exceed the maximum passenger capacity of the Vehicle or carry baggage that exceeds the Vehicle's reasonable luggage capacity;
(h) Interfere with or circumvent the technological infrastructure of the Platform, including attempting to hack, scrape, reverse-engineer, or introduce malicious code;
(i) Use the Platform to collect, harvest, or store personal data of other users, Chauffeurs, or Transportation Providers;
(j) Engage in any activity that may damage the reputation, goodwill, or business interests of ELLOCAB.
7.2 BOOKINGS MADE ON BEHALF OF THIRD PARTIES: Where a User makes a Booking on behalf of another person ("passenger"), the User shall remain fully responsible for all Fares and any additional charges incurred by the passenger during the trip, including extra waiting time, additional stops, and extended usage, subject to the Chauffeur's acceptance. If the User does not wish to authorise the passenger to incur additional charges, it is the User's sole responsibility to communicate this limitation directly to the passenger prior to the trip.
7.3 PREVENTION OF CARRIAGE: Where the Chauffeur is unable to fulfil the transportation requirements — including the carriage of excess or bulky luggage — due to the User's failure to communicate such requirements at the time of Booking, the full agreed Fare shall remain payable, less any expenses saved by the Chauffeur. The same applies where the User or passenger does not undertake the journey because the Chauffeur declines to accommodate special requirements not previously agreed to.
7.4 ELLOCAB reserves the right to refuse service, cancel Bookings, suspend or terminate Accounts, and take such other action as it deems appropriate in response to any violation or suspected violation of this Clause 7.
7.5 Right to Refuse or Terminate Service
ELLOCAB and/or the Chauffeur reserves the right to refuse, suspend, or terminate a trip at any time if the User or any passenger: (a) engages in unsafe, abusive, unlawful, or inappropriate behaviour; (b) poses a risk to the safety or wellbeing of the Chauffeur, Vehicle, or others; or (c) violates applicable laws or these Terms. In such cases, the full Fare may still be chargeable, and no refund shall be due.
8. Cancellation and No-Show Policy
8.1 User Cancellations
(a) Users may cancel a confirmed Booking through the Platform or by contacting ELLOCAB's customer support. Cancellation charges may apply depending on the timing of cancellation relative to the scheduled pick-up time.
(b) Cancellations made more than twenty-four (24) hours before the scheduled pick-up time may be eligible for a full refund, less non-recoverable payment gateway charges as per Clause 5.4(d), subject to any non-refundable booking fee or advance payment terms.
(c) Cancellations made between six (6) and twenty-four (24) hours before the scheduled pick-up time may attract a cancellation charge of up to twenty-five per cent (25%) of the estimated Fare.
(d) Cancellations made less than six (6) hours before the scheduled pick-up time may attract a cancellation charge of up to fifty per cent (50%) of the estimated Fare.
(e) ELLOCAB reserves the right to modify the cancellation policy and applicable charges at any time, and such modifications shall be effective upon publication on the Platform.
8.2 No-Show
(a) A "No-Show" occurs when a Chauffeur arrives at the designated pick-up location and the User fails to appear within the stipulated waiting period (typically fifteen (15) minutes from the scheduled pick-up time, unless otherwise specified).
(b) In the event of a No-Show, the User shall be liable for the full estimated Fare or a No-Show charge as determined by ELLOCAB, whichever is applicable.
(c) In the event that the User is not available at the designated pickup location at the scheduled time and the chauffeur is unable to establish contact through the Platform or by any other reasonable means, the booking shall be treated as a No-Show and the full booking amount may be charged as cancellation fees.
8.3 Cancellation by ELLOCAB
ELLOCAB reserves the right to cancel any Booking at any time for reasons including, but not limited to, Vehicle breakdown, Chauffeur unavailability, force majeure events, safety concerns, suspected fraud, or violation of these Terms. In such cases, ELLOCAB shall make reasonable efforts to provide an alternative arrangement or a refund, as applicable. ELLOCAB shall not be liable for any consequential or indirect losses arising from such cancellation.
9. Waiting Charges and Extra Usage Charges
9.1 A complimentary waiting period of up to fifteen (15) minutes shall be provided from the scheduled pick-up time. For airport pick-ups, a complimentary waiting period of up to forty-five (45) minutes from the scheduled arrival time of the flight shall be provided. This extended complimentary waiting period for airport arrivals shall apply only where the User has provided the airline name and flight number at the time of Booking. Where such details are not provided, the standard fifteen (15) minute complimentary waiting period shall apply, calculated from the scheduled pick-up time.
9.2 Beyond the complimentary waiting period, waiting charges shall be applicable at the rates published on the Platform or as communicated to the User at the time of Booking.
9.3 For hourly or package-based Bookings, usage beyond the allotted time and/or distance shall attract extra charges at the rates specified at the time of Booking. Extra distance charges shall be calculated per kilometre, and extra time charges shall be calculated per hour or part thereof.
9.4 All extra charges shall be added to the final Fare and shall be payable by the User upon completion of the trip or as otherwise invoiced by ELLOCAB.
9.5 For hourly or package-based Bookings, additional usage time must be pre-requested and is added in blocks of one (1) hour at the original hourly rate applicable to the Booking. The User or passenger must notify the Chauffeur prior to expiry of the originally booked time period to request an extension. Any usage that exceeds both the originally booked time and any pre-requested extension blocks shall be charged per hour or part thereof in accordance with Clause 9.3.
9.6 For hourly or package-based Bookings, drop-off locations outside the city or district of the original pick-up location may attract additional fees, including but not limited to applicable tolls, state border charges, and return travel costs for the Chauffeur. Such additional charges, where applicable, shall be communicated to the User at or prior to Booking confirmation.
9.7 Any change in route, additional stops, or deviation from the original Booking requested by the User may result in additional charges, which shall be payable by the User. ELLOCAB shall not be responsible for delays or increased costs resulting from such changes.
9.8 The chauffeur shall wait for a reasonable period as communicated at the time of booking or as per service category. Any waiting time beyond such period may attract additional charges or result in cancellation of the booking at the sole discretion of ELLOCAB.
10. Damage, Cleaning, and Misconduct Policies
10.1 The User shall be liable for any damage caused to the Vehicle, its interiors, upholstery, or any equipment therein as a result of the User's actions or those of any passenger in the User's Booking. Such damage includes, but is not limited to, stains, tears, burns, scratches, spills, and breakage.
10.2 A cleaning fee, the quantum of which shall be determined by ELLOCAB at its sole discretion, may be charged to the User if the Vehicle requires cleaning beyond routine standards as a result of the trip. Such situations include, but are not limited to, food or drink spillage, vomiting, muddy footwear, or leaving behind refuse.
10.3 ELLOCAB reserves the right to charge the User for the full cost of repair or replacement of any damaged Vehicle component, equipment, or accessory, as assessed by ELLOCAB or its authorised repair facility.
10.4 Repeated incidents of damage, misconduct, or non-payment of damage charges may result in suspension or permanent termination of the User's Account without liability on the part of ELLOCAB.
10.5 Users are responsible for ensuring that they collect all personal belongings at the end of each trip. ELLOCAB shall not be responsible for any items left behind in Vehicles. ELLOCAB may, as a facilitation service, assist in coordinating the return of lost items; however, recovery is not guaranteed, and any associated costs may be borne by the User.
10.6 Users are responsible for their luggage and personal belongings during the trip. ELLOCAB shall not be liable for any loss, theft, or damage to luggage or personal property carried in the Vehicle. Users are responsible for ensuring that the quantity and size of luggage is appropriate for the Vehicle category booked.
11. Safety and Compliance
11.1 ELLOCAB is committed to maintaining a safe environment for Users, Chauffeurs, and the general public. All Chauffeurs are required to comply with applicable traffic laws, motor vehicle regulations, and safety standards.
11.2 Users acknowledge that the use of transportation services inherently involves risk of accident, injury, or death, and that the User voluntarily assumes all such risks. ELLOCAB shall not be liable for any personal injury, death, or property damage arising from or in connection with the use of the Services, except to the extent directly and solely caused by ELLOCAB's own gross negligence or wilful misconduct.
11.3 ELLOCAB may implement safety features on the Platform, including but not limited to trip tracking, emergency SOS functionality, Chauffeur identity verification, and ride-sharing of trip details. The availability and functionality of such features may vary and shall not be construed as a warranty or guarantee of safety.
11.4 Users are required to wear seatbelts at all times during the trip and to comply with all instructions given by the Chauffeur in the interest of safety.
11.5 Users shall not request pickups or drop-offs from locations that are unsafe, isolated, or otherwise unsuitable for service. The chauffeur reserves the right to refuse service from such locations in the interest of safety.
12. Intellectual Property
12.1 All content, materials, trademarks, service marks, logos, trade names, domain names, designs, graphics, text, software, data, and other intellectual property displayed on or made available through the Platform (collectively, "ELLOCAB IP") are the exclusive property of Pitambar Travels Private Limited or its licensors and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, the Information Technology Act, 2000, and other applicable Indian and international intellectual property laws.
12.2 No licence, right, title, or interest in any ELLOCAB IP is granted to the User by virtue of using the Platform, except for a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform in accordance with these Terms.
12.3 You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, transmit, sell, or exploit any ELLOCAB IP without the prior written consent of ELLOCAB.
13. Data Usage and Privacy
13.1 Your use of the Platform is also governed by our Privacy Policy, available at https://ello.cab/privacy, which forms an integral part of these Terms.
13.2 By using the Platform, you consent to the collection, use, processing, storage, and disclosure of your personal data in accordance with the Privacy Policy and applicable laws, including the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000.
13.3 You acknowledge that ELLOCAB may share your personal data with Chauffeurs, Transportation Providers, payment processors, and other third parties to the extent necessary for the fulfilment of Bookings and the provision of Services.
14. Limitation of Liability
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLOCAB, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "ELLOCAB PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
(A) YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING ANY CHAUFFEUR OR TRANSPORTATION PROVIDER;
(C) ANY ACT OF NEGLIGENCE, MISCONDUCT, CRIMINAL BEHAVIOUR, ACCIDENT, OR INCIDENT INVOLVING A CHAUFFEUR OR VEHICLE;
(D) ANY DELAY, CANCELLATION, REROUTING, OR FAILURE TO PROVIDE SERVICES;
(E) ANY LOSS OF OR DAMAGE TO PERSONAL PROPERTY LEFT IN A VEHICLE;
(F) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR
(G) ANY OTHER MATTER RELATING TO THE PLATFORM OR SERVICES.
14.2 IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE ELLOCAB PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM AND SERVICES EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO ELLOCAB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) INDIAN RUPEES FIVE THOUSAND (INR 5,000).
14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE 14 SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE ELLOCAB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.4 Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the ELLOCAB Parties shall be limited to the fullest extent permitted by applicable law.
15. Indemnification
15.1 You agree to indemnify, defend, and hold harmless ELLOCAB, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
(a) Your use of or conduct in connection with the Platform or Services;
(b) Your breach of these Terms or any applicable law, rule, or regulation;
(c) Your violation of any rights of any third party, including any Chauffeur, Transportation Provider, or other User;
(d) Any claim that your actions or omissions caused damage to a third party;
(e) Any taxes, penalties, or interest arising from your failure to comply with applicable tax obligations in connection with the Services.
15.2 ELLOCAB reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you shall cooperate fully with ELLOCAB in asserting any available defences.
16. Termination of Access
16.1 ELLOCAB may, at its sole discretion and without prior notice, suspend, restrict, or terminate your access to the Platform and Services, or deactivate or delete your Account, for any reason, including but not limited to:
(a) Violation of these Terms or any applicable policy;
(b) Engagement in fraudulent, illegal, or harmful activity;
(c) Non-payment or repeated payment disputes;
(d) Abusive behaviour towards Chauffeurs, staff, or other Users;
(e) Requests by law enforcement or government agencies;
(f) Extended periods of inactivity; or
(g) Any other reason that ELLOCAB deems appropriate in its sole judgment.
16.2 You may terminate your Account at any time by contacting ELLOCAB's customer support. Termination shall not relieve you of any obligations incurred prior to such termination, including payment of outstanding Fares and charges.
16.3 All provisions which by their nature should survive termination, including but not limited to limitation of liability, indemnification, dispute resolution, payment obligations, and intellectual property rights, shall survive termination or expiration of these Terms.
17. Force Majeure
17.1 ELLOCAB shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of God, floods, earthquakes, epidemics, pandemics, war, terrorism, riots, civil unrest, government action or regulation, labour disputes, strikes, power failures, internet or telecommunications failures, cyberattacks, supply chain disruptions, or any other event of force majeure ("Force Majeure Event").
17.2 In the event of a Force Majeure Event, ELLOCAB shall use reasonable efforts to mitigate the effects thereof and to resume performance as soon as practicable. ELLOCAB shall not be obligated to provide refunds, compensation, or alternative arrangements for disruptions caused by Force Majeure Events, except to the extent required by applicable law.
17.3 You acknowledge that estimated arrival times, trip durations, and schedules are indicative only and may be affected by traffic conditions, weather, road conditions, regulatory restrictions, or other unforeseen circumstances. ELLOCAB shall not be liable for any delays, missed flights, missed appointments, or consequential losses arising from such delays.
18. Dispute Resolution
18.1 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Platform or Services (collectively, "Disputes"), the parties shall first attempt to resolve such Dispute through good-faith negotiation. You agree to contact ELLOCAB at [email protected] and allow a period of thirty (30) days for informal resolution before initiating any formal proceedings.
18.2 Arbitration
(a) If the Dispute is not resolved informally within thirty (30) days, either party may refer the Dispute to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.
(b) The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties, or, failing such agreement within fifteen (15) days of the referral to arbitration, appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
(c) The seat and venue of arbitration shall be Kolkata, West Bengal, India.
(d) The language of the arbitration shall be English.
(e) The arbitrator's award shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
(f) Each party shall bear its own costs and expenses in connection with the arbitration, and the costs of the arbitrator shall be shared equally, unless the arbitrator determines otherwise.
18.3 Waiver of Class Action
YOU AND ELLOCAB AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You voluntarily and knowingly waive any right to participate in a class action or class-wide arbitration.
18.4 Time Limit for Raising Complaints
Any complaints, disputes, or claims relating to a trip or Service must be reported to ELLOCAB within 7 (seven) days from the completion of the trip. ELLOCAB shall not be obligated to entertain or resolve complaints raised beyond this period, except at its sole discretion.
19. Governing Law and Jurisdiction
19.1 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
19.2 Subject to the arbitration clause in Clause 18, the courts of Kolkata, West Bengal, India, shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.
20. Modification of Terms
20.1 ELLOCAB reserves the right to modify, amend, supplement, or replace these Terms at any time and at its sole discretion. Any modifications shall be effective immediately upon posting on the Platform, unless otherwise stated.
20.2 It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Platform or Services after the posting of any modifications constitutes your acceptance of such modified Terms.
20.3 If any modification to these Terms is unacceptable to you, your sole remedy is to discontinue use of the Platform and terminate your Account.
21. Miscellaneous Provisions
21.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and ELLOCAB with respect to your use of the Platform and Services, and supersede all prior or contemporaneous oral or written communications, proposals, and representations.
21.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
21.3 Waiver. The failure of ELLOCAB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorised representative of ELLOCAB.
21.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of ELLOCAB. ELLOCAB may assign these Terms and its rights and obligations hereunder without restriction or notification.
21.5 Notices. All notices to ELLOCAB shall be sent to [email protected] or to the registered office address of Pitambar Travels Private Limited in Kolkata, West Bengal, India. All notices to the User shall be sent to the email address or mobile number associated with the User's Account.
21.6 No Third-Party Beneficiaries. These Terms are for the benefit of, and shall be enforceable by, the parties hereto only and are not intended to confer any rights or benefits on any third party.
21.7 Relationship of Parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and ELLOCAB.
21.8 Electronic Records. These Terms constitute an electronic record under the Information Technology Act, 2000. Acceptance of these Terms through electronic means (including clicking "I Agree", using the Platform, or making a Booking) shall constitute a legally binding agreement between the User and ELLOCAB.
21.9 User Feedback and Reviews. By submitting feedback, reviews, or ratings on the Platform, you grant ELLOCAB a non-exclusive, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, publish, and display such content for business, marketing, and service improvement purposes.
21.10 Promotions and Offers. ELLOCAB may, at its sole discretion, offer promotional discounts, coupons, or referral benefits. Such offers are subject to specific terms and may be withdrawn, modified, or cancelled at any time. Misuse of promotions, including creation of multiple accounts or fraudulent activity, may result in cancellation of benefits and suspension of the User Account.
End of Terms and Conditions
Pitambar Travels Private Limited (trading as ELLOCAB) | https://ello.cab | [email protected]
