Ello Group terms & conditions of membership

1.      Acceptance of Terms and Conditions

1.1.      These terms and conditions incorporate Ello Group’s Privacy Notice, which can be accessed through our mobile apps and websites.

1.2.    The agreement between us is only formed when you accept the terms and conditions, of the product or service being provided to you.

1.3.    By accepting these terms and conditions you are agreeing to go ahead with the service.

1.4.    We will commence provision of the membership, product* or service* to you immediately upon commencement of your subscription (*digital provision)

1.5.    These terms contain important information about your membership, product, or service.

1.6.    By accepting these terms and conditions you legally warrant that you can enter into a binding contract and you are at least 16 years old.

 

2.     Membership term

2.1.    Except where clause 2.5 applies, your membership is continuous and will automatically renew on your renewal date for the agreed reoccurring term unless you notify us via our online cancellation process, further details of which are available under our FAQs.

2.2.   Membership reminders will be issued for annual renewing products (only) to the email address registered to your account.

2.3.   It is your responsibility to advise us of a new email address so we can keep your details up to date.

2.4.   You can find your renewal/expiry date of your membership or upgraded product in the account section of the mobile app or website.

2.5.   Your membership will not automatically renew if you were not required to enter your payment details when you subscribed for our service.

2.6.  If you have an annual subscription and upgrade to include a monthly subscription for an additional product, any additional subscription will expire at the same time as your annual subscription if you opt to cancel.

2.7.    On cancellation of your subscription, you may still have access to non-subscription products through the mobile app.

 

3.     Billing and Payments

3.1.    Payments must be made using a valid payment method.

3.2.   By agreeing to an auto renewing product, you are giving us permission to take subsequent payments from the same payment method.

3.3.   If you wish to change your payment method, you will need to contact us before a payment is due.

3.4.   Upgrades will be charged to your existing payment method, or you can pay with a valid alternative.

3.5.  Pro-rata charges may apply if you upgrade or cancel before your next payment (monthly or annual) is due.

3.6.  Prices include VAT.

3.7.   Refunds or credits are not provided if you cancel your membership within the current term.

 

4.    Your Rights

4.1.    Under the Consumer Cancellation Regulations you are entitled to a ‘cooling off period’ and have 14 days from the day you agree to these terms to cancel your subscription. Your service is provided from the time of subscription via our mobile apps. If you cancel within the cooling off period, you will be entitled to a refund of your subscription fee.  However, we do have the right to charge you for any services consumed by you during that 14-day period.

4.2.   You can cancel at any time during any free trial periods without incurring any charges.

4.3.   Any statutory cooling off period (14-day) does not apply to subsequent renewals.

4.4.  You can cancel your subscription at any point before the end of your current membership term but the cancellation will only take effect at the end of that current term.

You will still be able to use your membership until then.

 

5.     Terms of Use

5.1.    You will be able to access our digital product immediately via our mobile apps.

5.2.   Any physical products in relation to the service being provided should be with you within 7 working days of subscription.

5.3.  Offers advertised via our service may not be available for use in conjunction with any other offers at participating venues or service providers.

5.4.  Some products within our mobile apps may be available without a valid membership.

5.5.  No Membership should be transferred to anyone else.

5.6.  A Membership can only be used by the named member, in accordance with the specific terms of each offer.

5.7.   We use reasonable endeavours to keep the details of venues who are participating in offers up to date.

5.8.  Venues are entitled to withdraw from our service or to change the terms and conditions applying to their offers.

5.9.  Members will benefit from any additional venues which join after the membership has started.

5.10.  Participating venues may check the validity of your membership.

 

6.    Legal & notices

6.1.   Our liability

6.1.1.   Nothing in this agreement excludes or limits our liability for:

6.1.1.1.    Death or personal injury caused by our negligence.

6.1.1.2.  Fraud or fraudulent misrepresentation.

6.1.1.3.  Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

6.1.2. We accept no liability for the availability of participating venues, or any terms, conditions or exclusions offered by participating venues.   Where you receive services and/or purchase food/drinks from any participating venue, any rights that you may have in relation to defects in the services/food/drinks are against the relevant participating venue. We accept no liability for any lack of enjoyment or adverse experiences at any of the participating venues. We reserve the right not to be involved in any dispute between you and any venue.

6.1.3. We do not give any warranty in respect of any goods or services provided by third parties which are accessed through, or displayed on, our site other than our own services.

6.1.4. We accept no liability for the availability of participating venues including any lack of availability resulting from events outside our reasonable control, for example Covid-related lockdowns or changes to venue operating models due to Covid restrictions.

6.2.  Written communication

6.2.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We may contact you by e-mail, push notification or provide you with information by posting notices on our website(s). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6.3.  Notices

6.3.1. All notices given by you to us must be via enquiries@ellogroup.co.uk We may give notice to you at either the e-mail or postal address you provide to us when registering with us, or in any of the ways specified in clause 6.2 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

6.4.   Waiver

6.4.1. Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.

6.5.  Severability

6.5.1. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

6.6.  Third party rights

6.6.1. A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

6.7.   Entire agreement

6.7.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. Nothing in this clause limits or excludes any liability for fraud.

6.8.  Law and jurisdiction

6.8.1. This agreement shall be interpreted in accordance with the law applicable in the geographical area in which you live and shall be subject to the jurisdiction of the courts in that area.

 

7.     Information about us

The products and services are operated by 3 companies within e.l.l.o group’s group of companies as follows:

7.1.     tastecard, MyGym and Coffee Club are owned and operated by Taste Marketing Ltd, a company registered in England and Wales under company number 05545626 and with its registered office at Birkby Grange, 85 Birkby Hall Road, Birkby, Huddersfield, HD2 2XB. The VAT number is 220 9026 46

7.2.   Gourmet Society is owned and operated by Simard Limited, a company registered in England and Wales under company number 06655278 with its registered office at Fifth Floor, 9 Portland Street, Manchester, Lancashire, M1 3BE. The VAT number is 220 9026 46.

7.3.   hi-life is owned and operated by hi-life Diners Club Limited, a company registered in England and Wales under company number 03940640 with its registered office at Birkby Grange, 85 Birkby Hall Road, Birkby, Huddersfield HD2 2XB. The VAT number is 220 9026 46.