Terms & Conditions

1.1 Introduction: These Membership Terms and Conditions govern the relationship between BiteOut Pvt. Ltd., a company duly 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.

1.2 BiteOut Services: 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.

1.3 Definitions: 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: Two-for-one offers (e.g. when two or more main courses are ordered, the lowest-priced main course is free of charge), Direct discounts (e.g. a fixed percentage or amount off the bill, or off certain menu items or minimum order values), Free add-ons (e.g. a complimentary starter or dessert when ordering a main course). 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.

1.4 Contracting Parties: 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.

1.5 Exclusion of Other Terms: 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.

1.6 Eligibility: 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.

2.1 Registration Process: 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.

2.2 Subscription Plans and Fees: BiteOut membership is offered on a subscription basis. Members may choose between the available plans, for example: Monthly Membership at NPR 499 per month, or Annual Membership at NPR 2,999 per year. 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.

2.3 Payment Method and Billing: 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.

2.4 Changes to Fees: 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.

2.5 Failure of Payment: 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.

3.1 Member Benefits: 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.

3.2 Booking Deals via the App: 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.

3.3 Redeeming a Deal On-Site: 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).

3.4 Conditions of Deal Use: 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.

3.5 Restaurant's Right to Refuse in Special Cases: 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.

4.1 Accurate Information: 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.

4.2 Compliance with Laws and Policies: 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.

4.3 Prohibited Activities: 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.

4.4 Device and Security: 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.

4.5 Consequences of Breach: 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.

5.1 Membership Term: 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.

5.2 Cancellation by Member: 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.

5.3 Termination or Suspension by BiteOut: 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.

5.4 Effect of Termination: 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.

5.5 Rejoining after Termination: 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.

6.1 Invoices and Receipts: 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.

6.2 Taxes: 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).

6.3 Refunds Policy: 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.

6.4 Promotional Trials or Discounts: 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.

7.1 Compliance with Law: 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.

7.2 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.

7.3 Sharing Data with Partners: 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.

7.4 Member Communications: 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.

7.5 Data Security: 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.

8.1 BiteOut App License: 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.

8.2 Restrictions: 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.

8.3 Member Content: 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.

8.4 Termination of Use Rights: 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.

9.1 No Liability for Restaurant Services: 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.

9.2 BiteOut's Service Liability: 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.

9.3 Limitation of Liability: 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.

9.4 Exclusion of Liability in Other Cases: 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.

9.5 No Waiver of Consumer Rights: 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.

10.1 Governing 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).

10.2 Jurisdiction: 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.

10.3 Notices: 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.

10.4 Changes to Terms: 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.

10.5 Severability: 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.

10.6 Entire Agreement and Prevailing Language: 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.