Member Terms & Conditions
These Terms & Conditions constitute a legally binding agreement between you (the "Member") and Sidhartha Verma dba NomOut. This document contains mandatory dispute resolution provisions and limitations of liability. Please read carefully.
1.1 The "No-Reservation" Acknowledgment
NomOut is an interactive discount discovery platform. NomOut is NOT a reservation system, table-management service, or food provider. Claiming an Offer on NomOut does not reserve a physical table, guarantee immediate seating, or provide "skip-the-line" privileges at any partner Merchant.
1.2 Legal Acceptance
By downloading the NomOut application, creating an account, or generating a Validated Code, you expressly agree to be legally bound by these Terms. If you do not agree, you must immediately delete your account and uninstall the application.
1.3 Age Verification and Eligibility
Because the Platform facilitates discovery for venues licensed to serve alcohol, you must be at least eighteen (18) years of age to create an account. NomOut and its partner Merchants reserve the right to request valid government-issued photo identification upon arrival.
1.4 Single Account Policy & Ban Evasion
You are permitted to maintain only one (1) active NomOut account. The use of burner emails, VoIP phone numbers, or fraudulent identities to create multiple accounts or bypass a previous suspension is strictly prohibited. NomOut reserves the right to implement device-level, IP-level, or payment-level bans to enforce this policy.
1.5 Jurisdictional Limits
The Platform is intended exclusively for use within the Province of Ontario, Canada. NomOut does not manage the physical premises of its Merchant partners. Any questions regarding wheelchair accessibility, allergens, or physical accommodations must be directed to the Merchant directly.
2.1 The Validated Code (The NomOut Pass)
When you select a time slot on the Platform, you are claiming a time-sensitive, percentage-based discount (the "Validated Code" or "Offer"). This Code is a revocable digital license granted to you personally. It has absolute zero cash value, cannot be exchanged for credit, and cannot be sold, transferred, or bartered.
2.2 Live Authentication Requirement
To prevent fraud, your Validated Code must be presented to the Merchant as a live, interactive screen within the NomOut application. The Merchant retains the absolute right to reject printed codes, photographs, or static screenshots.
2.3 Pre-Declaration Mandate
To successfully redeem your Offer, you must present your Validated Code to the host or waitstaff immediately upon arrival or prior to ordering. If you fail to declare your NomOut Offer until after the meal has been consumed or the bill has been printed, the Merchant reserves the right to reject the Code, and you will be liable for the full, non-discounted price.
2.4 Waitlist Grace Period & Capacity Limits
Your seating is entirely subject to the Merchant's real-time physical capacity and walk-in queues. You must physically arrive within the specific time window selected in the app. If you arrive during your valid window but are placed on a waitlist due to capacity, your discount remains valid once seated. Arriving after your window expires may void the Offer.
2.5 Strict Party Limits
The Validated Code applies strictly to the maximum number of guests declared when the Offer was claimed. If your physical party exceeds this limit, the Merchant may either charge full price for the additional guests or void the Validated Code entirely.
2.6 Merchant Menu Discretion
While the Offer generally applies to eligible dine-in food and non-alcoholic beverages, the Merchant reserves the right to exclude specific ultra-premium menu items (e.g., market-price seafood, high-end steaks, tasting menus) from the discount, provided you are informed of these exclusions prior to ordering.
3.1 Exclusions from the Discount
The Validated Code shall never apply to: (a) alcohol unless compliant with AGCO minimum pricing and permitted by the Merchant; (b) gift cards, vouchers, event tickets, or merchandise; (c) takeout, delivery, or automated QR/tablet self-checkout orders; (d) corkage, cakeage, cover charges, or private room fees; (e) off-menu modifications, luxury upcharges, or market-price seafood. If you order dine-in but then request takeaway prior to consumption, the Merchant may revoke the Code.
3.2 Anti-Stacking & Loyalty Blackout
NomOut Offers are strictly standalone. Your Validated Code applies only to the Merchant's Ordinary Selling Price. You may not combine a NomOut Offer with Happy Hour pricing, daily specials, Prix Fixe menus, or third-party coupons. NomOut Offers cannot be used with the accrual or redemption of the Merchant's loyalty or rewards points.
3.3 Absolute Headcount
The Party Limit includes every physical individual at the table, explicitly including children and infants requiring seating.
4.1 Account Access is a Privilege
Access to the NomOut Platform is provided as a revocable privilege. NomOut reserves the absolute, unilateral right to suspend, restrict, or permanently terminate your account at any time, for any reason, without prior notice, and without liability to you.
4.2 Offer Hoarding & Concurrency Limit
You may only hold one (1) active Validated Code at a time. You cannot claim a new time-slotted Offer until your current Code has been successfully redeemed, expired, or formally canceled by you within the app.
5.1 Verified Dine-In Review Mandate
You may only submit a review, rating, or photograph regarding a Merchant if you have successfully claimed a Validated Code, physically arrived at the venue, and had your Code authenticated by the Merchant for that specific dining event. Ghost reviewing, brigading, or reviewing based on internet trends is strictly prohibited.
5.6 Liability for UGC & Indemnification
You are solely and personally legally responsible for the content you publish. If a Merchant or third party initiates legal action against NomOut arising from your UGC, you agree to indemnify and hold NomOut harmless from any resulting legal fees, damages, or settlement costs.
6.1 The "Mere Conduit" Doctrine
NomOut acts exclusively as an independent digital directory and discount facilitator. NomOut does not own, operate, manage, or control any of the physical Merchant venues. Your decision to utilize a Validated Code and enter a Merchant's premises is made entirely of your own free will and independent judgment.
6.8 Third-Party Routing & Neighborhood Safety
Any location data, maps, or routing functions (e.g., Apple Maps, Google Maps) are provided for basic convenience only. NomOut makes no warranties regarding the safety or security of the neighborhood surrounding the Merchant's premises. You are solely responsible for your own safety in transit.
7.5 Member Indemnification
You agree to defend, indemnify, and hold harmless NomOut, its founder, employees, and affiliates from any claims, damages, or expenses (including reasonable attorney's fees) arising out of (a) your physical conduct or violations of law at a Merchant's venue; (b) your breach of these Terms; (c) your violation of any third party's intellectual property or privacy rights.
8. Fees & Non-Refundability
The Platform Fee is paid exclusively to NomOut for software facilitation and digital generation of the Validated Code. It is not a reservation deposit, stored-value card, prepaid voucher, or gift card, and is not subject to statutory expiry protections. If you fail to arrive, cancel your Offer, or are lawfully turned away, the Platform Fee remains strictly non-refundable.
8.6 Failed Payments & Automatic Downgrades
If your recurring Premium Membership payment fails, NomOut reserves the right to immediately downgrade your account to the Freemium Tier. You will lose access to Premium discounts and be subject to standard Platform Fees until billing is successfully updated.
9.1 Privacy Policy Integration
Your privacy is governed by PIPEDA and applicable provincial laws. By agreeing to these Terms, you consent to the data practices in our separate Privacy Policy, which is incorporated by reference. In the event of conflict regarding data handling, the Privacy Policy supersedes this section.
10.2 Governing Law
These Terms and any dispute shall be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law principles.
10.7 Class Action Waiver & Time Limitation
You agree to bring claims against NomOut only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Any claim must be commenced within one (1) year after the underlying incident occurred, or such claim is permanently barred.
10.8 Time of Dispute Freeze
Any legal dispute is governed strictly by the exact version of the Terms and Conditions actively published and in effect on the specific date the incident giving rise to the dispute occurred.