Payment & Refund Policy
This Policy governs the NomOut Platform Fee, subscription billing, and refund matrix. NomOut operates a proprietary inventory discovery network — we do not prepare, sell, or deliver food. Our financial relationship with you is strictly limited to facilitating access to Merchant discounts.
1.1 Platform Fee & All-In Pricing Guarantee
To claim and lock in a Validated Code, you remit a non-refundable Platform Fee. The standard Base Fee is $2.49 CAD per Code claim. In compliance with the federal Competition Act prohibitions on drip pricing (Bill C-59), the $2.49 Base Fee represents the complete platform cost — no hidden service, processing, or maintenance fees. Applicable sales taxes (e.g., 13% HST in Ontario) are appended at the final point of transaction.
1.1 Contract Formation
Pursuant to the core disclosure rules of Ontario's Consumer Protection Act, 2023, the digital contract is legally formed the millisecond you execute the claim via a secure swipe or tap within the App, granting NomOut the right to immediately capture the Platform Fee.
1.2 Food Liability Severance
Because the Platform Fee strictly purchases the digital Code — not the physical Meal — you acknowledge NomOut is not a party to the dining transaction. You pay the Merchant directly for your meal. NomOut categorically refuses to issue refunds for the Platform Fee based on subjective dining experiences, food quality, or Merchant staff conduct. Such grievances must be resolved directly with Merchant management.
2.1 Surveillance Pricing Disavowal
NomOut's dynamic pricing engine is driven exclusively by macroeconomic and inventory variables (Merchant seating capacity, localized foot traffic, temporal demand, historical no-show rates). The Platform Fee and discount percentages are never altered, inflated, or personalized based on your individual identity, browsing history, device telemetry, or socioeconomic status.
3.1 NomOut Plus — Core Benefits vs. Third-Party Perks
The primary consideration for your subscription fee is the waiver of $2.49 Platform Fees and priority access to NomOut Merchant discounts. NomOut may periodically offer Plus Members exclusive coupons from external brands. These Third-Party Perks are strictly ancillary, as-available bonuses.
3.2 Third-Party Liability Severance
NomOut reserves the right to add, modify, or terminate any Third-Party Perk at its sole discretion, at any time, without prior notice. Removal or alteration of a Perk does not constitute a material amendment or breach of your Plus Membership, nor entitle you to a prorated refund. NomOut bears zero liability if a third-party brand refuses to honor a coupon, alters terms, or declares insolvency.
4.1 Express Consent & Auto-Renewal
Pursuant to Ontario's Consumer Protection Act, 2023: NomOut does not use pre-checked boxes or passive consent traps. By enrolling in NomOut Plus, you execute an active, affirmative opt-in, explicitly authorizing NomOut to automatically charge your designated Payment Method on a recurring, periodic basis at the then-current subscription rate.
4.2 Cancellation & No-Proration
To halt future billing, initiate cancellation via the in-app portal or your device's native OS settings at least twenty-four (24) hours prior to the expiration of your current billing cycle. If you cancel mid-cycle, cancellation takes effect at the end of the current paid term. NomOut refuses to issue prorated refunds for unused time or forgotten subscriptions.
5.1 Merchant Failure Exception (100% Refund)
NomOut will refund the Platform Fee only if: (a) the Merchant was physically closed during the valid hours of your Code; or (b) the Merchant explicitly refused to honor a Validated Code due to their own staff error. You must report the failure via the in-app portal within two (2) hours of the reservation. NomOut will verify against Merchant telemetry before releasing funds.
5.2 User Cancellation & Liquidated Damages
You may cancel a Code via the App within thirty (30) minutes of the initial claim timestamp. NomOut will refund the Fee, less a $0.50 transaction processing penalty. If you cancel after the 30-minute grace period, or fail to physically arrive (No-Show), the entire Platform Fee ($2.49 + tax) is instantly and permanently forfeited to NomOut as liquidated damages for the commercial harm caused by tying up Merchant inventory.
6.1 Purchased Credits (Non-Expiring)
If you directly purchase a NomOut digital gift card using fiat currency, these balances constitute Purchased Credits. In compliance with the Ontario Consumer Protection Act, Purchased Credits will never expire.
6.2 Promotional Credits (Expiry Override)
If NomOut grants you credits as a free incentive (e.g., Refer a Friend bonuses), these constitute Conditional Promotional Incentives. Because you provided no fiat currency for these incentives, they are legally exempt from the statutory ban on gift card expiration. Promotional Credits automatically expire thirty (30) days from the date of issuance unless otherwise stated.
How to Request a Refund
Email support@nomout.com with your account email and the Code or subscription reference. We aim to respond within 5 business days.