Last updated on: 21 October 2026
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These Membership Terms and Conditions govern the relationship between BiteOut, a company registered in Nepal, and any individual who enrolls in the BiteOut membership program. BiteOut membership is free for diners: there is no subscription fee, and nothing is charged for booking or redeeming a Deal. By registering as a Member, 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 registered a BiteOut account. Membership is free. 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 by providing your mobile phone number and verifying it via a one-time password (OTP) sent by SMS. You may also provide your full name and optional profile photo. No email address or payment details are required at registration. You must review and accept these Membership Terms and Conditions. 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). 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 costs diners nothing. Every registered Member can see, book and redeem the Deals in the App without buying a plan, and BiteOut charges no subscription fee, commission or usage fee for booking or redeeming a Deal. Before membership became free it was sold as a subscription (most recently NPR 199 a month or NPR 1,999 a year). Those plans are no longer sold.
Subscriptions bought before membership became free were processed through Fonepay, a licensed Nepalese payment network, paid either from the buyer's bank app or by scanning a QR code with it. Subscriptions purchased before August 2026 were processed through Khalti on the same basis. BiteOut never stored payment card numbers, bank account details, or the login details for any bank or wallet, and received only a confirmation of the transaction status and a payment reference. Subscriptions never renewed automatically, and no Member will be charged again for one.
A payment that was already under way when membership became free is still checked and settled in the normal way. If you believe money was taken for a subscription but your membership was not activated, contact BiteOut support with the transaction reference shown by your bank or in the App, and it will be looked into.
If BiteOut ever introduces a paid membership or a paid feature for diners, it will tell Members at least 30 days in advance, for example by App notification. You will always see the price before you confirm any payment, BiteOut will never charge you without your explicit action for each purchase, and nothing will renew automatically. Free access you already have will not be taken away without that notice.
As a Member, you have 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 their phone number). The Member is responsible for the security of the phone number linked to their account, as it is used for OTP-based authentication. 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 booking or by 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 your account is registered and continues, free of charge, until you delete your account or it ends under this Section 5. Membership time bought before membership became free is now simply part of your free membership.
Free membership does not expire, and there is nothing to renew or cancel, because nothing is charged.
If you wish to delete your BiteOut account entirely (including all personal data and booking history), you may do so through the account deletion feature in the App or by contacting BiteOut support.
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 by providing at least 30 days' advance notice. In such cases, a pro-rata refund may be offered at BiteOut's discretion for the unused portion of any subscription paid for before membership became free.
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 without refund.
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.
Receipts for subscriptions bought before membership became free remain available in the App. Your bank or wallet also provides its own transaction confirmation. Members can request formal invoices or VAT receipts for those purchases by contacting BiteOut support.
Subscription fees paid before membership became free included applicable taxes such as Value Added Tax (VAT) under Nepali law, which BiteOut is responsible for remitting. Any charges from your own bank or payment provider were not imposed by BiteOut.
Membership is free, so there is nothing new to refund. For subscriptions bought before membership became free, the policy that applied when you bought them still applies: except as these Terms and Conditions provide or the law requires, subscription fees are non-refundable, and requests in extenuating circumstances (for example, a service you could not use because of a technical fault on BiteOut's side, or an accidental duplicate purchase) are reviewed case by case. Refunds, if approved, are processed back through the original payment method.
BiteOut may run promotions for Members from time to time. Such promotions are governed by these Terms and Conditions as well as any additional terms provided with the offer.
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, usage data within the App, and the payment references of any subscription bought before membership became free) 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 the Member's first name, so the restaurant can match the booking to the person on arrival). BiteOut does not share your phone number, location data, or payment information with Partners. 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.
The App and website show two kinds of restaurant. Partner restaurants have an agreement with BiteOut, and their details, menus and Deals come from the Partner or from BiteOut working with them. Listings are other restaurants in the Kathmandu valley that are not Partners: they carry no Deal and nothing can be booked or redeemed at them, and they appear so that a search for a restaurant in this city returns something useful.
The name, category, address, telephone number and map position of a Listing come from Overture Maps, an open data set published by the Overture Maps Foundation and made available under the Community Data License Agreement – Permissive, Version 2.0. BiteOut does not represent a Listing, has no agreement with it, makes no warranty about the accuracy of the information, and receives nothing in connection with it. A Listing appearing on BiteOut does not imply any relationship between that restaurant and BiteOut.
If you own or manage a restaurant that appears as a Listing, you may ask for it to be corrected or removed by writing to support@biteout.app, and BiteOut will act on the request.
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.
A restaurant joins BiteOut by applying in the BiteOut App or through the partner form on the BiteOut website, on its own or with a BiteOut representative. The application gives the restaurant's name and location (chosen from Google Maps), contact details, opening hours, menu, the Deals it will offer (see section 3), photos, and the plan it chooses (see section 2.7). BiteOut may decline an application, for example for a restaurant outside the area BiteOut serves (currently the Kathmandu valley) or one already listed on BiteOut. It checks both before the first year is asked for, so a declined application has not paid.
BiteOut checks each application, largely automatically, and sets up the restaurant's listing from it: its page, Deals, menu and photos. A listing is set up but not live until the first year of its plan is paid, its menu and at least one photo are added, and two of the Partner's staff have completed the staff training in the App. When both are done, the listing goes live, and the Partner is told in the App.
The application form sets out the key terms: the Deals, the plan and its price, and these Partner Terms and Conditions. The Partner accepts them by confirming the application with the one-time code BiteOut sends to the Partner's phone or email. That confirmation, together with these Partner Terms and Conditions, is the Partner Agreement.
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, and the Partner keeps the revenue from Member transactions (except that Members pay less by virtue of the Deals).
Every Partner restaurant is on a plan, paid by the year for each restaurant location: the Partner plan at Rs 30,000 a year, or the Spotlight plan at Rs 80,000 a year. Spotlight includes everything in the Partner plan, so the Partner plan is never charged on top of it. Plans are paid through Fonepay in the BiteOut app, or in cash to a BiteOut representative, in which case BiteOut records the payment. A new Partner restaurant chooses its plan in the BiteOut app after it applies, and pays for the first year of each location before that location goes live. A plan year runs for one year from the day it is paid; pausing a listing does not stop or extend it. The plan renews yearly: BiteOut asks for the next year's payment 30 days before the current year ends, and nothing is charged automatically. A year paid before the current one ends starts when it ends; a year paid after it has ended starts on the day of payment.
A Partner restaurant that was already on BiteOut before it was asked to choose a plan is on the Partner plan for its first year, and the dates of that year are the ones on its receipt in the BiteOut app. A restaurant that was listed before 23 September 2026 and had paid nothing has a year that runs from 23 September 2026 to 22 September 2027; one that had already paid BiteOut has the year that payment covers; and one that went live after 23 September 2026 has a year from the day it went live. That first year is 100% off; a restaurant that had already paid BiteOut toward it gets the rest of the price off, and its receipt shows the discount as Early partner. From its second year it pays Rs 30,000 a year, like any other Partner.
Boost is an optional week on top of a plan, at Rs 5,000 for 7 days. It can be bought only for a location that is live and on a plan, and it is not part of either plan. During its week the location is shown more, marked Promoted where it is placed ahead of others, named in notifications, and advertised on Facebook and Instagram. A limited number of Boosts run at once. A Boost starts on the day it is paid, or, when every place is taken, on the first day one is free, which the BiteOut app shows before the Partner pays. It runs for seven days.
Plan and Boost payments are not refundable. That includes a plan year or a Boost week the Partner has paid for and then pauses, leaves or does not use, and a listing that BiteOut takes off the App under these Terms. If BiteOut cannot show a paid Boost on the day it was due, for example because the listing was paused, the week starts on the first day it can.
The Partner offers between one and three Deals to Members through the App for as long as it is a Partner. Each Deal is a fixed amount off the Member's bill, and each is a different amount: Rs 100 off a bill of Rs 300 or more, Rs 200 off a bill of Rs 600 or more, or Rs 500 off a bill of Rs 1,500 or more. The minimum bill is always three times the amount off, so a Deal is never more than a third of the bill. The same Member can use the same Deal again at the same location after 30 days for the Rs 100 Deal, 60 days for the Rs 200 Deal and 90 days for the Rs 500 Deal.
The Partner chooses when each Deal runs, and can change the times, and add or remove a Deal within the one-to-three limit, in the App at any time. A Deal a Member has already booked is honoured even if the Partner changes or removes it afterwards.
Each Deal can be booked by up to 10 Members a day at each location, shared across the times the Partner has set for it, unless the Partner and BiteOut agree a different number in writing.
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, and the Partner must not deduct or expect BiteOut to pay any commission for transactions with Members. The only charges to a Partner are its plan and any Boost under Section 2.7.
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.
The Partner keeps its listing up to date in the App: its Deals and when they run, its menu, photos and video, and pausing or resuming its listing. For a change the App does not offer (such as its name, address or opening hours), the Partner tells BiteOut, and BiteOut applies it promptly, typically within a few business days. BiteOut is not liable for any issue arising from outdated information the Partner did not update or tell BiteOut about.
BiteOut provides staff training in the App: a short lesson and questions that show staff how a Member's booking appears, how to check it and how to take the Deal off the bill. Two of the Partner's staff complete it before the listing goes live, and the Partner can train more staff at any time.
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 when the Partner accepts it in the App and continues until either party ends it under this Section 7. There is no minimum term and no lock-in.
The Partner may pause its listing, or leave BiteOut, at any time from the App, with no notice period and nothing to pay to go. A paused listing is hidden from Members until the Partner turns it back on. Fees already paid for the current plan year or Boost week are not refunded, as Section 2.7 says. The Partner honours Deals that Members booked before it paused or left.
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 an unpaid plan or Boost invoice after reminders.
Honouring Deals is the core of the Partner Agreement. If BiteOut receives repeated reports from Members that the Partner did not honour Deals booked through the App, BiteOut may pause the Partner's listing or end the Partner Agreement with immediate effect, by notice in the App or by SMS, without the cure period in Section 7.4. Fees already paid for the current plan year or Boost week are not refunded in that case.
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 plan or Boost invoices) 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, produced from the photos and other material available to BiteOut under Section 8.3. Each asset is posted once on at least one BiteOut-owned channel within 30 days of Partner go-live.
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 keeps the Partner's listing stocked with clean, up-to-date photos. The Partner supplies these at onboarding and may send replacements at any time, for example when dishes or presentation change. Where the Partner supplies none, or where the images supplied do not meet BiteOut's quality bar, BiteOut may use the venue's publicly listed photos until better ones are provided.
The visits that a plan includes are part of the plan: the Partner plan includes one creator film a year, and the Spotlight plan includes a photographer and a creator visit every 3 months. BiteOut schedules each visit with the Partner. For each of these visits, and for any other shoot the parties separately agree in writing, the following apply: the Partner provides complimentary food and non-alcoholic beverages sufficient for the filming or photography (see Section 8.4A), and no venue or shoot fees are charged by either party; attendance is up to 3 crew with handheld gear and lights for 60–90 minutes in a mutually agreed non-peak window; and either party may reschedule once with ≥48h notice, with same-day cancellations forfeiting the visit at BiteOut's discretion. BiteOut is under no obligation to photograph or film at a Partner venue beyond the visits its plan includes.
When BiteOut shoots photos or videos at the Partner's restaurant, whether on a visit its plan includes or on any other shoot the parties agree, the Partner provides the food used in the shoot and covers its cost. BiteOut does not pay for that food, and its cost is not deducted from, or credited against, any plan or Boost payment.
BiteOut controls selection, 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.
