Last updated on: 8th October 2025
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These Membership Terms and Conditions govern the relationship between BiteOut, a company registered in Nepal, and any individual subscriber who enrolls in the BiteOut membership program. By registering as a Member and paying the subscription fee, you enter into a binding contract with BiteOut for use of its restaurant and deal discovery services through the BiteOut mobile application and related website. This electronic agreement is legally valid and enforceable under the Nepal Electronic Transactions Act, 2063 (2008), and your consent is obtained in compliance with that Act.
BiteOut operates a platform that enables its Members to discover and dine at participating partner restaurants through exclusive promotional offers and deals. These Membership Terms and Conditions apply exclusively to individuals obtaining BiteOut's Services for personal, non-commercial use as consumers. BiteOut's Partners (restaurants) are independent businesses and are subject to separate Partner Terms and Conditions. Nothing in these Membership Terms and Conditions shall be construed to alter the legal relationship between a Member and a Partner when a Deal is redeemed; BiteOut primarily facilitates the connection and Deal booking and is not itself a provider of restaurant services.
In these Terms and Conditions, BiteOut Members are individuals who have an active BiteOut membership subscription. Partners refers to independent restaurant businesses that have agreed to offer exclusive Deals to BiteOut Members. Deals means special dining offers provided by Partners to Members via the App, pursuant to the Partner agreements. Deals may include:
These examples are illustrative; the exact Deals available will be as listed in the App for each Partner and may vary over time. BiteOut reserves the right to add, modify, or remove types of Deals offered, in coordination with Partners.
The membership contract is formed between the Member and BiteOut. The restaurant dining contract that arises when a Member redeems a Deal is solely between the Member and the respective Partner restaurant. BiteOut is not a party to the sale or provision of food and beverages – it only facilitates the Deal and booking. Members acknowledge that Partners are independent entities responsible for the fulfillment of Deals and compliance with applicable laws (including the Nepal Consumer Protection Act, 2075 (2018) for consumer rights in the context of the restaurant services). BiteOut's role is limited to providing the App platform and related support as described in these Terms and Conditions.
These Membership Terms and Conditions, together with BiteOut's Privacy Policy and any additional guidelines on the App, constitute the entire agreement between BiteOut and the Member regarding membership Services. Any terms or conditions proposed by a Member (for example, in any communication) that deviate from or conflict with these Terms and Conditions will not be recognized or become part of the contract, unless BiteOut has explicitly agreed in writing. Members may not assign or transfer their membership or rights under these Terms and Conditions to any third party without BiteOut's prior written consent.
The Services are offered only to individuals who are legally capable of entering into binding contracts under Nepalese law. By registering as a Member, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and otherwise legally competent. BiteOut memberships are intended for natural persons acting in a private capacity as consumers, and not for use by commercial entities or for commercial resale of Deals.
To become a BiteOut Member, you must create a user account on the BiteOut App or website and provide all required information (such as your full name, valid email, phone number, and payment details). You must review and accept these Membership Terms and Conditions and then submit your membership application. BiteOut reserves the right to verify your information and eligibility. The membership contract is concluded once BiteOut confirms your enrollment (typically by activating your membership in the App or by a confirmation message/email). Upon conclusion of the contract, BiteOut will provide you access to Member-only features in the App, including the list of available Deals.
BiteOut membership is offered on a subscription basis. Members may choose between the available plans, for example:
The exact fees and available plans are displayed during registration and on BiteOut's website/App. All fees are quoted in Nepalese Rupees (NPR) and are inclusive of any applicable taxes (including VAT) unless stated otherwise. BiteOut will not charge any commission or additional usage fees for individual Deal redemptions; the subscription fee is the comprehensive charge for access to all eligible Deals during the subscription period.
By enrolling, you authorize BiteOut (or its designated payment processor) to charge the subscription fee to the payment method you provide. Payment may be processed via credit/debit card, mobile wallets, bank transfer, or any other method BiteOut supports. Monthly subscriptions are charged in advance for each month's membership; annual subscriptions are charged in advance for the year.
Auto-Renewal: The subscription will automatically renew at the end of each billing period (monthly or yearly, depending on your plan) for a successive term of the same length, unless you cancel the membership before the next billing date. BiteOut will continue to charge your provided payment method for each renewal until the membership is canceled.
BiteOut reserves the right to adjust the membership subscription fees or introduce new subscription tiers. Any fee change will be communicated to Members with reasonable advance notice (for example, by email or App notification at least 30 days prior to the change). Fee changes will only take effect from the next renewal period. If you do not agree to a fee adjustment, you have the right to cancel your membership before the new rate takes effect. Continuing the membership without cancellation after the fee change constitutes acceptance of the new membership fee.
If a subscription renewal payment fails (e.g., due to an expired card or insufficient funds), BiteOut may attempt to re-process the payment or contact you to update your payment details. If payment is not completed within a reasonable grace period, BiteOut may suspend or deactivate your membership benefits until the fee is paid. You remain responsible for any amounts that remain unpaid, and BiteOut reserves the right to seek payment through other means, in accordance with the Contract Act, 2056 (2000) and other applicable laws. BiteOut also may terminate the membership for non-payment.
During an active membership, a Member gains access to the BiteOut App's exclusive content and features, including the ability to view participating Partner restaurants, their profiles, and available Deals. Members are entitled to redeem valid Deals at Partners in accordance with these Terms and Conditions. BiteOut will use reasonable efforts to keep the App updated with current Deals and participating Partners. However, the availability of specific Deals or Partners may change over time (new Partners may join, others may leave, and certain Deals may be modified or discontinued). BiteOut does not guarantee the continued availability of any particular restaurant or Deal, but will endeavor to maintain an attractive and diverse selection of offers for Members.
In order to use a Deal at a Partner's restaurant, the Member must book the Deal through the App prior to redemption. The App will provide a booking interface where the Member selects the Partner, the desired Deal, and an intended time slot or reservation (if applicable) for the visit. The booking system is designed to ensure fairness and avoid abuse; for example, a Member may not hold overlapping Deal bookings at multiple restaurants for the same time. The App may limit the number of active bookings or require that one booking be completed (or canceled) before another is made. When a booking is successfully made, the App will display a confirmation (and possibly a unique code or QR code) for that Deal, which is valid for the Member's on-site visit during the specified time window.
To redeem the booked Deal, the Member must visit the Partner's restaurant in person during the confirmed time slot (or within any grace period stated in the booking).
Upon Arrival and Ordering: The Member must inform the restaurant staff before or when placing the order that they intend to use a BiteOut Deal, and must present the digital confirmation or code in the App for that Deal. The Partner's staff is entitled to verify the booking (for example, by checking the code or the validity in the restaurant's BiteOut partner interface). The Member may be asked to show their BiteOut membership screen and possibly an identification document to ensure the Deal is being used by the rightful Member (Deals are personal and non-transferable).
Deals can only be redeemed for dine-in orders at the Partner's premises, unless explicitly stated otherwise for a specific Deal. Take-away or delivery orders are not eligible for BiteOut Deals (unless a particular Deal is clearly described as such). The Member must fulfill any specific conditions attached to a Deal as described in the App (for example, minimum order values, ordering of certain menu categories, time-of-day restrictions, etc.). If the conditions are not met, the Partner is not obliged to provide the Deal benefit. Deals cannot be combined with other promotions or discounts that the Partner may offer independently; a BiteOut Deal is a standalone offer.
Partners are generally obligated under their agreement with BiteOut to honor valid Deal bookings. However, a Partner's staff may refuse or cancel the Deal redemption at the time of visit if exceptional circumstances apply, such as: The Member fails to arrive or place an order within the reserved time slot for the Deal, The Member does not meet the Deal requirements, or The Partner is unable to fulfill the Deal due to unforeseen circumstances impacting service. In such cases, the Partner should inform the Member immediately and, if possible, offer an alternative timing or equivalent compensation at the Partner's discretion to mitigate inconvenience.
Members must provide true, accurate, and current information during registration and keep their account information up to date (especially contact and payment details). The Member is responsible for maintaining the confidentiality of their login credentials. Membership accounts are personal to the registered Member; you must not share your account or allow others to use your membership privileges. If BiteOut detects misuse or sharing of an account, it reserves the right to suspend or terminate the membership after investigation.
Members must use the Services in accordance with applicable laws and these Terms and Conditions. When visiting Partners' restaurants, Members must also abide by the normal rules and policies of the establishment (e.g., dress code, health and safety regulations, no outside food, etc.). Members shall not engage in any abusive, harassing, or inappropriate behavior towards restaurant staff or other patrons when using a Deal. Any violation of law or gross misconduct by a Member at a Partner venue may result in the Partner refusing service (potentially voiding the Deal) and will constitute a breach of these Terms and Conditions by the Member.
Members shall not misuse the BiteOut App or Deals. Prohibited conduct includes, but is not limited to: attempting to redeem Deals without a valid membership or with fraudulent means, making false bookings or reservations with no intention of honoring them, circumventing or attempting to circumvent technical measures in the App, reproducing, copying, or publicly displaying any content from the App for commercial purposes without permission, and any attempt to reverse engineer or interfere with the App's normal operation.
The Member is responsible for having a compatible smartphone or device with the BiteOut App installed and functional when visiting a Partner to use a Deal. The Member should ensure their device can display the Deal confirmation (and ideally have access to the internet if needed for verification). BiteOut is not responsible if a Member is unable to redeem a Deal due to issues with their device (e.g., battery failure, broken screen, no network at location). However, if technical issues with the BiteOut App itself or BiteOut's systems prevent redemption, BiteOut will work to resolve them and may liaise with the Partner to honor the Deal once the issue is resolved or reschedule as appropriate.
If a Member materially breaches these Terms and Conditions or engages in fraudulent or improper use of the Services or Deals, BiteOut may take appropriate action. This can include a warning notification, immediate suspension of membership benefits, cancellation of specific Deal bookings, or termination of the membership for cause without refund. Additionally, BiteOut reserves the right to refuse future membership to individuals who have been terminated for serious breaches. Any unlawful activities may also be reported to law enforcement or pursued in civil legal proceedings as appropriate.
Your BiteOut membership is effective from the date of confirmation of enrollment and continues on a rolling basis according to your chosen plan (monthly or annual) until it is terminated by either you or BiteOut in accordance with these Terms and Conditions. There is no predefined end date; the contract renews automatically as described in Section 2.3.
You have the right to cancel your membership at any time without giving a reason, effective as of the end of your current paid subscription period. You may cancel through the account settings in the App or by providing a written notice of cancellation to BiteOut's customer support (for example, via email).
Monthly Members: If you cancel, your membership will not renew for the next month, and you will retain access to membership benefits until the end of the current monthly period already paid for.
Annual Members: If you cancel, your membership will not renew for the next year; you will retain access until the end of the ongoing annual period.
BiteOut may terminate the membership or suspend membership benefits under the following circumstances:
For Convenience with Notice: BiteOut reserves the right to discontinue the membership program or terminate any individual Member's contract at the end of a billing period by providing at least 30 days' advance notice.
For Cause (Member Breach): If a Member has materially breached these Terms and Conditions, violated applicable laws, or engaged in conduct that is fraudulent or harmful to BiteOut's interests or reputation, BiteOut may suspend the Member's access immediately and/or terminate the membership contract with immediate effect.
Upon termination or expiration of the membership, the Member's right to access member-only Deals and Services ceases. The Member will no longer be able to make new Deal bookings. Any Deal bookings already reserved for a future time (and still within an active period) at the time of termination may still be utilized if the Member canceled their membership effective in the future (end of period), they may still utilize any Deal bookings up until the membership lapses. After the membership period ends, any unused bookings or valid Deals become void.
If a membership was terminated by BiteOut for convenience or because the program ended, a former Member may re-enroll if the program resumes or join any new program if offered. If a membership was terminated for cause due to the Member's breach, that individual may be refused a new membership. Any decision to allow a banned Member to rejoin is at BiteOut's sole discretion, and conditions may be applied.
BiteOut will make available to the Member an electronic receipt or invoice for each subscription charge. For monthly subscribers, this may be on a monthly basis; for annual, on a yearly basis. The invoice will detail the amount charged and applicable taxes. Members can request formal invoices or VAT receipts by contacting BiteOut support if needed for their records.
The membership fee includes applicable taxes such as Value Added Tax (VAT) as per Nepali law, unless explicitly stated otherwise. BiteOut is responsible for remitting such taxes to the government as required. Members are not liable for any additional service taxes on top of the listed subscription price. However, the Member is responsible for any charges from their own bank or payment provider (e.g., foreign transaction fees if paying from a non-NPR currency card, etc., which are not imposed by BiteOut).
Except as expressly provided in these Terms and Conditions or required by law, membership fees are non-refundable. BiteOut provides an ongoing service and grants access to Deals immediately upon membership activation; thus, once a billing period has begun, the fee covers that entire period. If a Member believes there are extenuating circumstances warranting a refund (for example, inability to use the service due to technical issues attributable to BiteOut, or accidental duplicate charges), they may contact BiteOut's customer service. BiteOut will review such requests case-by-case and may grant full or partial refunds or credits at its discretion in line with consumer protection principles.
BiteOut may offer promotional discounts or trial periods for new Members (e.g., a discounted first month or a free trial period). Such promotions are governed by these Terms and Conditions as well as any additional terms provided with the offer. Trials are generally limited to one per person. After a trial ends, the membership will convert to a paid subscription automatically unless canceled before the trial period expires. Members benefiting from promotional pricing will revert to the standard pricing once the promo period ends, unless otherwise communicated by BiteOut.
BiteOut is committed to protecting Members' personal data in accordance with Nepalese laws, including any applicable provisions of the Electronic Transactions Act, 2063 and any data privacy regulations in force. BiteOut collects, processes, and uses personal data of Members (such as contact information, payment details, and usage data within the App) only for legitimate purposes of providing the Services, improving the platform, and as otherwise described in the BiteOut Privacy Policy.
The terms of BiteOut's Privacy Policy are incorporated into these Terms and Conditions by reference. The Privacy Policy provides detailed information on what data is collected, how it is used, how it is shared, and Member rights regarding their personal data. Members are strongly encouraged to read the Privacy Policy. By agreeing to these Terms and Conditions and using the Service, the Member also consents to the data practices described in the Privacy Policy.
Generally, BiteOut does not provide personal identifying information of Members to Partner restaurants, except as necessary for the operation of the service. When you book a Deal, BiteOut's system may share limited information with the Partner to facilitate the reservation or redemption (for example, a booking code, and possibly first name or an identifier, so the restaurant can match the booking to the person on arrival). Partners are contractually obligated to use any personal data received solely for the purpose of honoring the Deal and to protect it in accordance with applicable data protection laws.
BiteOut will communicate with Members by email, in-app messages, or SMS (to the provided contact details) for important account and service announcements (e.g., confirmation of membership, payment receipts, changes to Terms and Conditions, or disruptions to service). BiteOut may also send promotional communications, such as newsletters or Deal updates, but Members will have the option to opt-out of marketing messages that are not transactional or legally required. Even if you opt out of marketing emails, BiteOut may still send essential notices regarding your membership or transactions.
BiteOut implements reasonable technical and organizational measures to secure Members' personal data against unauthorized access, loss, or misuse. However, Members acknowledge that no system is completely secure. It is important that Members also play a role in security by keeping their login credentials confidential and notifying BiteOut promptly if they suspect any unauthorized access to their account. In the event of any data breach affecting Member information, BiteOut will follow applicable law requirements, which may include informing affected individuals and authorities in a timely manner.
BiteOut grants Members a limited, non-exclusive, non-transferable, and revocable license to use the BiteOut App and website for the sole purpose of accessing the Services during the term of their membership. This license allows the Member to install and run the App on their personal device and to use the content made available through the App (such as restaurant listings, deal information, and other text, graphics, or interface elements) strictly for personal, non-commercial purposes in connection with finding and redeeming Deals. All intellectual property rights in the App and its content (excluding Partner-provided content such as restaurant descriptions or images) remain with BiteOut or its licensors.
Members shall not, and shall not permit any third party to, do the following: copy, modify, adapt, translate, or create derivative works of the App; decompile or reverse engineer any part of the App (except as allowed by mandatory law for interoperability purposes); remove any copyright, trademark, or other proprietary notices from the App or its content; or exploit the App or any content from it for commercial purposes outside the scope of these Terms and Conditions. Members may not use any automated system (such as bots or scrapers) to access the App or database without BiteOut's explicit permission. The BiteOut name, logo, and all related marks are trademarks of BiteOut and may not be used by Members except as part of permitted use of the App.
If the App allows Members to submit any content (for example, leaving reviews, feedback, or ratings about Partner restaurants, or user profile pictures), the Member grants BiteOut a worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute such content within the App or in BiteOut's promotional materials related to the Services. The Member must own or have rights to any content they submit and such content must not violate any third-party rights or laws. BiteOut reserves the right to remove or moderate user-submitted content that violates guidelines or could be unlawful or offensive. Members remain responsible for the content they create and may be liable for any legal issues arising from it.
In the event of membership termination or cancellation, the license granted in Section 8.1 ends and the Member must cease using any member-specific aspect of the App (for example, the Member will be logged out of the App and will lose access to membership features). The Member may still use the public portions of the App (if any) as a general user, but not the members-only Deals. BiteOut may also deactivate or delete the Member's account after termination, in accordance with its data retention policy. If the Member had contributed any content (reviews, etc.), those contributions may remain on the platform at BiteOut's discretion (as they are licensed to BiteOut), unless the Member specifically requests removal and the request is reasonable.
As BiteOut is not the provider of the goods or services consumed under a Deal, BiteOut shall not be liable for the quality, safety, suitability, or any aspect of the food, beverages, or dining services provided by the Partner. The Partner is solely responsible to the Member for honoring the Deal and for the provision of the restaurant services. Any claims or grievances related to the dining experience (including but not limited to food quality, service, hygiene, or Bill disputes) are to be taken up with the Partner. BiteOut will, however, reasonably assist the Member in communicating with the Partner if needed to facilitate a resolution.
BiteOut will endeavor to operate the App and Services with reasonable skill and care. However, BiteOut does not guarantee that the App will be available at all times or free from errors. In particular, maintenance, upgrades, or unforeseen technical problems may result in temporary service interruptions. To the extent permitted by law, BiteOut shall not be liable for minor interruptions or technical issues in the availability of the Service. If a technical failure attributable to BiteOut causes a Member to be unable to redeem a booked Deal (e.g., a system outage preventing verification), BiteOut's responsibility is limited to reasonably coordinating with the Member and Partner to either re-enable the Deal for later use or otherwise ensure the Member can benefit from the offer at another time.
In accordance with the Contract Act and applicable law, BiteOut's liability to the Member is limited as follows: BiteOut shall be unlimitedly liable for damages only if they result from BiteOut's intentional misconduct or gross negligence, or if BiteOut has caused personal injury or death, or in any case where liability may not be lawfully limited or excluded (such as under certain provisions of the Consumer Protection Act). For damages caused by BiteOut's slight negligence, BiteOut will be liable only if it breached a fundamental contractual obligation (i.e., a duty essential to the proper performance of the contract and on which the Member can normally rely). In such cases (slight negligence in breaching a cardinal duty), BiteOut's liability is limited to the typical and foreseeable damages at the time the contract was concluded.
To the fullest extent permitted by law, BiteOut shall not be liable for any indirect or consequential losses incurred by the Member, including but not limited to loss of opportunity to use Deals, loss of business profits, or loss of data, arising from or related to the membership or use of the Services. In all cases not covered by Section 9.3 (where liability is unlimited or limited for slight negligence of fundamental duties), BiteOut's liability is excluded. This limitation and exclusion of liability extends to the benefit of BiteOut's officers, employees, agents, and subcontractors to the same extent as it applies to BiteOut.
Nothing in these Terms and Conditions is intended to exclude or limit any legal rights of the Member as a consumer that cannot be limited or excluded under Nepalese law. If the Consumer Protection Act or other laws grant the Member certain rights or remedies, those remain in force. For example, if a court or law deems a particular disclaimer here unenforceable in relation to a consumer, the rest of the limitations still apply to the extent legally allowed. The Member's statutory rights in the event of BiteOut's failure to perform its obligations are not affected; the provisions of this Section 9 are primarily to clarify the extent of BiteOut's responsibilities and to allocate risk in a fair manner between the Member and BiteOut in accordance with Nepalese law.
These Membership Terms and Conditions and any disputes arising out of or relating to the membership or Services shall be governed exclusively by the laws of Nepal. This includes, but is not limited to, relevant statutes such as the Contract Act, 2056 (2000) governing contractual relationships, the Consumer Protection Act, 2075 (2018) as applicable to consumer transactions, and the Electronic Transactions Act, 2063 (2008) for electronic contracts and communications. The application of any foreign laws or international conventions is excluded to the extent permissible (except that nothing in this clause will deprive a consumer Member of any minimum protections granted by laws of their residence if those are mandatorily applicable).
The courts of Nepal shall have jurisdiction to settle any dispute or claim (contractual or non-contractual) arising out of or in connection with these Terms and Conditions or the membership. If not against any law, the Member agrees that, in the event of any dispute, the courts located in Kathmandu, Nepal shall be the proper venue for the first instance of any legal proceedings. Notwithstanding this, BiteOut and the Member will first endeavor to resolve disputes amicably through customer service or mediation if possible. For clarity, this clause does not limit any rights of a consumer to seek relief through any consumer protection authorities or dispute resolution bodies provided under Nepalese law.
Any official notices or communications from BiteOut to the Member under these Terms and Conditions (such as changes to terms, termination notices, or other significant information) will be given in English via electronic communication. This may include sending an email to the address on file for the Member, an in-app notification, or an SMS/text message, or by posting information on the BiteOut website. Members are deemed to have received such communications within 24 hours of BiteOut sending or posting them.
BiteOut may modify these Membership Terms and Conditions from time to time to reflect changes in the Service, legal requirements, or other relevant factors. When changes occur, BiteOut will provide Members with advance notice of the modifications, typically by email or in-app notification, clearly indicating the effective date of the updated terms. If the Member does not agree with the revised terms, they have the right to terminate their membership before the effective date of the changes. Continued use of the Services or failure to cancel the membership after the new Terms and Conditions take effect will constitute acceptance of the revised Terms and Conditions.
If any provision of these Terms and Conditions is found by a competent court or authority to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the offending provision shall be deemed severed from these Terms and Conditions, but the validity and enforceability of the remaining provisions shall not be affected. In such an event, the parties (BiteOut and the Member) shall use their best efforts to negotiate, in good faith, a lawful and enforceable substitute provision that most nearly reflects the original intent and economic effect of the invalid provision.
These Membership Terms and Conditions (along with the Privacy Policy and any additional rules or guidelines expressly incorporated by reference) constitute the entire agreement between the Member and BiteOut regarding the membership Services, superseding any prior agreements or communications (whether written or oral) relating to the subject matter. No oral statements by BiteOut staff or any third party will have the effect of varying these terms unless confirmed by an authorized representative of BiteOut in writing. These Terms and Conditions are provided in the English language. In the event these Terms and Conditions are translated into another language for convenience, the English version shall prevail for purposes of interpretation in case of any conflict or ambiguity.
These Partner Terms and Conditions govern the business relationship between BiteOut, a company registered in Nepal, and participating restaurant partners that offer exclusive promotional dining deals through the BiteOut platform. BiteOut operates a restaurant discovery and deals mobile application and service, through which registered customers of BiteOut can discover and dine at Partner restaurants using special offers. The Partner Terms and Conditions together with the specific Partner enrollment form or agreement constitute the complete agreement between BiteOut and the Partner for participation in the BiteOut program.
BiteOut offers its Services exclusively to Partners that are duly established businesses engaged in the food service industry (such as restaurants, cafes, eateries, etc.) and not as consumers. By entering into the Partner Agreement, the Partner represents that it is a business entity or entrepreneur acting in a commercial capacity, as understood under applicable Nepalese law. The Partner Terms and Conditions are not intended for any party who would qualify as a consumer under the Nepal Consumer Protection Act, 2075 (2018). Partners must possess all necessary licenses, registrations, and approvals to operate a restaurant business in accordance with Nepalese law.
In this Partner Terms and Conditions, the following definitions apply:
These Partner Terms and Conditions shall apply exclusively. Any terms or conditions that the Partner may seek to impose (for example, on the Partner's order forms, invoices, or website) that conflict with or supplement these Terms and Conditions will not become part of the agreement with BiteOut, unless BiteOut expressly acknowledges and agrees to such terms in writing. In the absence of such express acceptance, only BiteOut's Partner Terms and Conditions and the specific terms in the signed Partner Agreement shall govern the relationship.
The collaboration between BiteOut and the Partner is that of independent contracting parties. The Partner Agreement does not create any joint venture, franchise, agency, employment, or fiduciary relationship between BiteOut and the Partner. In particular, the Partner is not an agent or legal representative of BiteOut, and has no authority to make representations or commitments on BiteOut's behalf. Likewise, BiteOut is not an agent of the Partner and is not authorized to conclude contracts on behalf of the Partner other than as explicitly set forth for Member bookings. Each party remains responsible for its own operations and expenses.
To join the BiteOut platform as a Partner, the restaurant must go through BiteOut's onboarding process. This typically begins with the Partner expressing interest (for example, contacting BiteOut or responding to a BiteOut business development outreach). BiteOut may request certain information from the Partner about its business (such as business name, addresses of participating outlets, cuisine type, typical pricing, licenses, etc.) to evaluate suitability for the program. BiteOut reserves the right to accept or decline a prospective partner at its discretion, based on factors such as quality standards, capacity in the area, or conflict with exclusivity commitments.
Typically, BiteOut will evaluate the details of the Partner's service and potential Deals in cooperation with the Partner in a consultation (such as an in-person meeting, video conference, or detailed phone call) conducted by BiteOut's representatives. In this consultation, the parties will discuss and tentatively agree on the specifics of the collaboration. This may include: the types of Deals the Partner will offer to Members, any special conditions or limitations (like time-based availability or daily quotas for Deals), any additional promotional services BiteOut will provide to the Partner, and any setup or onboarding needs.
The formal Offer, along with a copy of these Partner Terms and Conditions, will be provided to the Partner for review. The Offer will outline the key commercial terms (e.g., the Partner's Deals to be offered, any additional services by BiteOut, any agreed fees for additional services if applicable, the term or notice period for partnership, etc.). The Partner indicates acceptance of the Offer and these Partner Terms and Conditions by signing the Offer document (physically or electronically) or by otherwise providing written/electronic confirmation as instructed by BiteOut.
The Partner and BiteOut acknowledge that the Partner Agreement and any associated signatures or consents may be executed electronically (for example, through an online platform or e-signature service). Execution and delivery by electronic means (including via email confirmation from an authorized representative of the Partner) shall have the same legal effect as a physical signature, as per the provisions of the Nepal Electronic Transactions Act, 2063 (2008). Each party will keep a copy of the signed Offer/Partner Agreement for their records.
In the event of any contradiction between the specific terms of the signed Offer (Partner Agreement document) and these Partner Terms and Conditions, the specific terms of the Offer shall prevail to the extent of that contradiction, as they represent negotiated terms for that particular Partner. However, any matter not expressly addressed in the Offer shall be governed by these Partner Terms and Conditions.
The Partner Agreement does not establish a partnership or joint venture in the legal sense between BiteOut and the Partner. Each party retains its independence. The financial arrangements (such as pricing of menu items or discounts given) do not create a profit-sharing relationship; for clarity, BiteOut does not take a commission on the Partner's sales to Members under the standard program, and the Partner keeps the revenue from Member transactions (except that Members pay less by virtue of the Deals).
The Partner agrees to offer the exclusive Deals, as described in detail in the Partner Agreement, to BiteOut Members via the App for the duration of the Partner's participation. The Partner must provide at least two (2) distinct Deals to Members. Of these, at least one Deal must be either a two-for-one offer or a substantial direct discount on the bill (or a variant of one of those types as agreed in the Offer). Examples of acceptable Deals include, but are not limited to:
The Partner is required to maintain at least the minimum number and type of Deals as outlined above throughout the term of the Partner Agreement. If a Partner wishes to change their selection of Deals (for example, replace one type of Deal with another), this must be done in consultation with BiteOut and subject to BiteOut's approval. The intent is that Partners offer consistent value; a Partner cannot reduce their commitment to provide at least one major Deal (2-for-1 or significant discount) without BiteOut's consent. Variants or creative alternatives to the required Deal types can be considered, but they should offer comparable value to Members and must be mutually agreed.
The Partner and BiteOut may agree on a maximum daily redemption quota for Deals, i.e., a limit on how many Deals can be redeemed by Members at the Partner's location(s) per day. If a specific quota is agreed, it will be stated in the Partner Agreement (for example, maximum 15 Deals per day or different numbers for different days or times). Unless a different quota is expressly agreed, a default quota of 20 Deal redemptions per day per location shall apply, aligned with the restaurant's normal operating hours. Any agreed quota must still ensure a minimum availability of Deals; BiteOut generally expects Partners to allow at least a baseline number of redemptions (for instance, at least 10-15 per day) to ensure Members have a fair chance to use the Deals.
BiteOut Members who wish to utilize a Deal at the Partner's establishment are generally required to book the Deal in advance through the BiteOut App. The booking involves selecting the Partner, choosing the specific Deal, and possibly selecting an approximate time of visit (time slot or reservation, depending on the App's design and the Partner's preferences). The system is structured to prevent abuse, for example by ensuring a Member cannot hold multiple active bookings for overlapping times. Each confirmed booking is recorded in BiteOut's system and typically generates a unique confirmation (with code or QR) visible to the Member for verification at the restaurant.
When a BiteOut Member arrives at the Partner's venue and is ready to redeem the booked Deal, the Member must inform the Partner's staff at the time of ordering that a BiteOut Deal will be used. The Member will present the booking confirmation on their App (which may show the Deal details and a unique code or identifier). The Partner's staff is responsible for checking the validity of the Deal booking, either by visually inspecting the App screen for active status and time, or by using a BiteOut provided verification method (such as scanning a QR code or entering the code into a Partner interface, if provided by BiteOut). This check should be done before finalizing the order and bill, to ensure clarity that the Deal will apply.
At the moment of the Member's order and presentation of the Deal, the Partner's staff must verify whether the conditions for the Deal are satisfied and whether the booking is valid (e.g., correct date/time, within any quota). If for any reason the Deal cannot be honored under the conditions (for example, the Member is too early or late compared to the booked slot, or has not ordered the requisite items), the staff must promptly inform the Member before the order is processed, explaining the issue. This allows the Member to decide whether to adjust the order or timing, or forego the Deal. Clear and courteous communication at this stage can prevent misunderstandings and dissatisfaction.
The Partner is only obliged to honor and redeem Deals for Members who are physically present on-site at the Partner's premises. The Deals are intended to drive in-person dining experiences. Therefore, if a Member attempts to use a Deal for a delivery or takeaway order (unless such mode is explicitly allowed for that Deal in the Partner Agreement), the Partner is not required to grant the Deal. The obligation is strictly for dine-in scenarios where the Member is at the restaurant.
The Partner shall operate its business in compliance with all applicable laws and regulations of Nepal, including local health and safety regulations, food hygiene standards, business licensing requirements, fire codes, labor laws, and the Consumer Protection Act, 2075 (2018). The Partner must maintain any permits or licenses necessary to run a restaurant (such as food service licenses, liquor licenses if alcohol is served, etc.) throughout the term of the partnership. Any change in the Partner's legal status or any serious regulatory action (like a health department closure) must be communicated to BiteOut promptly, as it could affect the Partner's participation.
The Partner is obligated to uphold high standards of quality in both food and service for BiteOut Members. Menu items offered as part of a Deal must be available during the advertised times (subject to normal occasional stock outages). The Partner should not routinely run out of items essential to the Deals (for instance, if offering a free dessert, that dessert or a comparable alternative should generally be in stock). If certain Deals are time-specific (like happy hour deals), the Partner must honor them during those times without unannounced changes. The Partner must not artificially restrict or undermine the value of the Deals – for example, by reducing portion sizes for Members, using inferior ingredients for discounted items, or by requiring Members to sit in specific areas or wait longer than other guests simply because they are using a Deal.
The Partner shall ensure that BiteOut Members do not suffer any disadvantage or discriminatory treatment as a result of using a Deal. This means the Partner cannot refuse a Member a seat or service at normally available times solely because they are redeeming a Deal. Members should not be relegated to subpar seating or given lesser priority. The pricing (aside from the discount) and service charges (if any) applied to the Member's bill must be consistent with what is standard for any other customer. The Partner also should not impose any hidden conditions on Members – for example, requiring something extra in exchange for honoring the Deal. Any additional conditions beyond what's in the App listing are not allowed unless BiteOut and the Member have agreed to them in advance.
The Partner must honour all valid Deal bookings made by Members through the App, except in the specific scenarios outlined in Section 3.2.5 (where the Partner is allowed to refuse). Consistent failure to honor bookings (for reasons outside the allowed exceptions) constitutes a breach of this Partner Terms and Conditions. If, for instance, a Partner finds that they accepted more bookings than they can handle, the Partner should still do their best to accommodate those Members or, if truly impossible, immediately inform BiteOut so that BiteOut can notify affected Members and possibly compensate them or arrange alternatives. Chronic overbooking or turning away of Members will harm the Partner's reputation and BiteOut's reputation and may lead to BiteOut terminating the partnership for cause.
The Partner is responsible for providing BiteOut with accurate and up-to-date information about its restaurant for the Partner Profile. This includes name, address, contact number, operating hours (including any weekly off days or holiday closures), cuisine type, average price range, menu highlights, and high-quality images if available. The Partner should review the Partner Profile on the App once it's live to ensure accuracy. If any information changes (like new hours, a relocation, rebranding, etc.), the Partner must promptly inform BiteOut so updates can be made. The Partner should also ensure that any descriptions of Deals or menu items provided to BiteOut are accurate and not misleading.
BiteOut does not charge Partners a commission or percentage fee on the sales generated via BiteOut Deals. The partnership is structured such that Partners provide value to Members via free/discounted items, and BiteOut's revenue comes from Member subscriptions, not from the Partner. Therefore, the Partner must not deduct or expect BiteOut to pay any commission for transactions with Members under standard Deals.
Upon the Partner's onboarding, BiteOut will create and maintain the Partner's presence in the App and (if applicable) on BiteOut's website. All participating locations of the Partner's restaurant will be listed, each with a Partner Profile. BiteOut has discretion over the design and formatting of the listing (to ensure consistency and quality across the platform). The profile will typically include the Partner's name, address(es), map location, operating hours, contact info, a brief description of the restaurant, photos, the cuisine category, menu highlights or a sample menu, price level indicators, and importantly the details of the Deals offered.
BiteOut will update the Partner's profile information whenever changes are provided by the Partner. This includes changes to opening hours (such as special holiday schedules), updated pictures, new menu information, or modifications to Deals (after mutual agreement). BiteOut aims to apply updates promptly, typically within a few business days of receiving the information. However, the primary responsibility lies with the Partner to inform BiteOut of changes. BiteOut is not liable for any issues arising from outdated information if the Partner failed to communicate changes in a timely manner.
BiteOut will provide the Partner with information and training materials to facilitate a smooth implementation of the BiteOut program at the Partner's locations. This may include an onboarding guide, staff instruction documents, or digital materials explaining how Members use the App, how bookings appear, how to verify and redeem Deals, and best practices for integrating these processes into the Partner's operations.
BiteOut will include the Partner in its marketing efforts to BiteOut Members. This includes listing the Partner among available restaurants in the App's search and discovery features, and possibly featuring the Partner in BiteOut's social media, newsletters, or promotional push notifications, especially to highlight new Partners or special promotions.
BiteOut will supply the Partner with certain physical materials to indicate the partnership. For example, BiteOut will provide window or door stickers, decals, or signs for the Partner to display at their premises. These help to attract and reassure BiteOut Members. BiteOut will deliver or mail such stickers to the Partner at no cost. All provided materials remain BiteOut's property to use for the duration of the partnership and must be removed/returned in event of termination.
BiteOut will supply the Partner with periodic reports (for example, via email or a partner dashboard if available) detailing the performance of their Deals. Typically, at least once per month, BiteOut will inform the Partner of the number of BiteOut Members who visited using Deals, which Deals were most redeemed, and any relevant feedback or ratings if collected.
During the term of the Partner Agreement, the Partner agrees not to collaborate, directly or indirectly, with any of BiteOut's competitors in the realm of marketing or selling similar discount dining vouchers or membership-based dining deals. Specifically, the Partner will not enter into agreements with or offer similar exclusive deals through other platforms or companies that operate a comparable model to BiteOut, whether online or offline. However, normal restaurant promotions that the Partner runs independently (like a happy hour open to all customers, or seasonal discounts it advertises on its own social media) are not considered a breach of this exclusivity, as long as they are not done through a third-party deal platform that competes with BiteOut.
Apart from the specific restriction in 6.1, the Partner remains free to engage in all other forms of advertising and marketing as it sees fit. The Partner can continue or initiate partnerships with reservation platforms (that don't focus on deals), food delivery services, general review sites, etc. The exclusivity is narrowly concerned with competing deal platforms or membership programs.
If the Partner is found to violate the exclusivity clause (for instance, by concurrently featuring identical or very similar deals on a competitor platform), BiteOut will consider it a material breach of the Partner Agreement. In such event, BiteOut may seek to resolve the issue by discussing with the Partner, but reserves the right to terminate the partnership with immediate effect for cause if the breach is not promptly remedied. BiteOut may also, at its discretion, remove or suspend the Partner's listing in the App while investigating the breach.
The exclusivity is intended to cover the Partner's locations that are participating in BiteOut, within the market BiteOut operates (Nepal). If the Partner has restaurant branches in other cities or countries where BiteOut is not active, this exclusivity does not bar those branches from participating in similar programs locally. It is focused on avoiding direct overlap in the same operating area.
The Partner Agreement begins on the date it is signed by both parties (or accepted electronically) and, unless stated otherwise in the Offer, continues for an indefinite period until terminated by either party in accordance with this Section 7. Some Partner Agreements might specify a minimum initial term (e.g., the Partner agrees to stay at least 3 or 6 months in the program); if so, that will be honored.
After any minimum commitment period has elapsed, the Partner may terminate the Partner Agreement for convenience by giving written notice to BiteOut. Unless a different notice period is stipulated in the Partner Agreement, the default notice period is 30 days. This means the Partner should continue to honor Deals and be listed on BiteOut during the notice period, and Members may book and redeem Deals up to the effective date of termination.
Similarly, BiteOut may terminate the Partner Agreement for convenience by giving the Partner written notice. The standard notice period by BiteOut is 30 days as well, unless a longer period is specified in the Offer for BiteOut's termination.
Either party may terminate the Partner Agreement with immediate effect by giving written notice to the other if there is a material breach by the other party that either is not capable of remedy or, if capable of remedy, is not cured within a reasonable time (generally 14 days) after receiving notice of the breach. Material breaches by the Partner include, but are not limited to: repeated failure to honor Deals without valid reason, fraud or dishonesty in Deal redemption records, the Partner engaging in misconduct that heavily damages BiteOut's reputation, unauthorized collaboration with competitors in breach of exclusivity, or non-payment of any agreed fees for Additional Services after reminders.
On termination of the Partner Agreement for any reason, the Partner's obligations to provide Deals to Members cease as of the effective termination date. However, the Partner should honor any Deals that were booked by Members before the termination effective date if those bookings are for a dining time within a short period thereafter. After termination, BiteOut will remove or deactivate the Partner's listing from active sections of the App and will cease promoting the Partner. The Partner must remove any BiteOut signage or branding from their venue and stop representing themselves as a BiteOut Partner. Any pending financial settlements (like unpaid invoices for Additional Services) become due immediately upon termination.
BiteOut will produce and publish one (1) short-form vertical video ("Reel") and one (1) in-feed post containing a single photo about the Partner. Each asset is posted once on at least one BiteOut-owned channel within 30 days of Partner go-live or the Shoot date (whichever is later).
If the Partner provides valid social handles in writing before posting, BiteOut will tag the Partner where the platform allows. If the Partner has no active page or fails to supply handles, no tag obligation applies.
BiteOut ensures the Partner's listing has clean, up-to-date photos/clips. If provided visuals don't meet our bar, we will re-shoot at no cost.
For any Shoot, the Partner provides complimentary food and non-alcoholic beverages sufficient for filming/photography. No venue/shoot fees.
Up to 3 crew, handheld gear/lights, 60–90 minutes in a mutually agreed non-peak window. Either party may reschedule once with ≥48h notice; same-day cancellations may forfeit the free Shoot at BiteOut's discretion.
BiteOut controls angle, edit, music, captions, and posting time. The Partner gets a 24h factual check (name, hours, prices, spelling). Silence = approved. No aesthetic revisions.
No promises on views, reach, engagement, footfall, or sales—only delivery of the assets above.
BiteOut will correct factual errors promptly. For legitimate legal/safety/privacy concerns shown by the Partner, BiteOut will review in good faith and may edit/replace/remove the post. Routine dislike of creative choices is not grounds for takedown.
This Partner Agreement, including the Partner Terms and Conditions and any Offer document, and any disputes or claims arising out of or in connection with it, are governed by and construed in accordance with the laws of Nepal. The parties acknowledge that this commercial relationship is subject to statutes such as the Contract Act, 2056 (2000) for contract matters and relevant provisions of Nepal's laws regarding commerce.
The courts of Nepal shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Partner Agreement. Both BiteOut and the Partner agree, as far as legally permissible, to submit to the jurisdiction of the appropriate courts in Kathmandu, Nepal for any legal actions or proceedings. Notwithstanding this, the parties may mutually agree to seek resolution through arbitration or mediation as an alternative, but unless agreed, court is the default forum.
Formal notices under this Agreement should be given in writing. Notices to BiteOut should be sent to its registered business address (or principal office) or the official email address designated for contract notices. Notices to the Partner will be sent to the address or email provided in the Partner Agreement. A notice delivered by hand or courier is deemed delivered when received; a notice sent by registered post is deemed delivered within 5 business days; a notice sent by email is deemed delivered on the day of sending if sent during business hours (otherwise the next business day), provided no bounce or error is received.
Neither party shall be liable for failure or delay in performing its obligations (except payment obligations) if such failure or delay is due to causes beyond its reasonable control, such as natural disasters, strikes, war, epidemics/pandemics, government orders, or widespread internet/network failures. The affected party must promptly notify the other of the situation and make reasonable efforts to mitigate the impact. If a Force Majeure event substantially prevents the Partner from operating or BiteOut from running the service for an extended period (say more than 30 days), either party may discuss a fair suspension or termination of the Agreement.
BiteOut reserves the right to modify these Partner Terms and Conditions or any policies referenced herein. However, any material changes will be communicated to the Partner in advance. If the changes are due to legal requirements, they may take effect immediately as required. Otherwise, BiteOut will give a reasonable notice (for instance, 15 or 30 days) of changes. If the Partner does not agree to the updated terms, the Partner may terminate the Agreement during the notice period before changes take effect. Continuing to participate in the program after the effective date of changes constitutes acceptance of the revised terms.
