Terms and Conditions
Last updated: July 25, 2026
1. Introduction
These Terms and Conditions ("Terms") are a legally binding agreement between you ("User," "you," "your") and Code Peak Nepal Pvt. Ltd., operating the MeroBites platform ("MeroBites," "Company," "we," "us," "our"), governing your access to and use of the MeroBites mobile application, website, APIs, services, content, and associated functionality (collectively, the "Service"). These Terms are governed by the laws of Nepal, including the Electronic Transactions Act, 2063 (2008) ("ETA"), which gives electronic contracts full legal recognition in Nepal.
MeroBites is a Restaurant Operating System used by several distinct categories of people: Customers who discover restaurants, order food, and make reservations; Restaurant Staff, including Waiters, Cooks/Kitchen staff, and Receptionists; Restaurant Managers; and Platform Administrators. These Terms apply to all categories of Users, with role-specific provisions in Section 6 (Restaurant Staff and Internal Roles) and Section 7 (Merchants).
By downloading, accessing, creating an Account for, or using the Service, you agree to be bound by these Terms and our Privacy Policy. This agreement is a valid and enforceable electronic contract under Section 11 of the Electronic Transactions Act, 2063 (2008). If you do not agree, do not use the Service.
2. Definitions
- Account — the account created by a User to access account-restricted areas of the Service.
- Content — text, images, audio, video, data, and other materials available on or via the Service.
- Merchant — a restaurant or business listed on the Service that sells goods or services to Users and manages its own operations (menus, staff, orders) through the Service.
- Transaction — any purchase, payment, order, or booking made through the Service.
- Restaurant Staff — individuals using the Service in a Waiter, Cook/Kitchen, Receptionist, or Manager capacity on behalf of a Merchant.
- Table Session — the live link created between a Customer and a specific restaurant table upon scanning a QR code, used to bind orders to that Customer and table until the session ends.
- Loyalty Points — non-monetary credits accrued by a Customer under a Merchant's loyalty program, described in Section 5.6.
- E-Commerce Act — the Electronic Commerce (E-Commerce) Act, 2081 (2025) of Nepal, in force from 16 April 2025, governing online commerce, platform registration, consumer protection, and grievance redressal.
- Consumer Protection Act — the Consumer Protection Act, 2075 (2018) of Nepal.
- Privacy Act — the Individual Privacy Act, 2075 (2018) of Nepal.
3. Eligibility and Accounts
3.1 Customer Accounts
There is no fixed minimum age to create a Customer Account. If you are a minor under the laws applicable to you, you may only use the Service with the consent and under the supervision of a parent or legal guardian, who is responsible for your use of the Service, including any Transactions made under the Account.
3.2 Restaurant Staff and Management Accounts
To register as Restaurant Staff (Waiter, Cook/Kitchen, Receptionist) or as a Manager, you must be at least 18 years of age. This reflects Nepal's child labour framework, including the Child Labor (Prohibition and Regulation) Act, 2056 (2000) and the Labour Act, 2074 (2017), which impose restrictions, reduced working hours, and prohibited occupations for workers under 18. Merchants are solely responsible for verifying the age and legal eligibility to work of any individual they engage as Restaurant Staff, and for complying with all applicable labour laws.
3.3 Account Responsibilities
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your Account.
- You must provide accurate and complete information and keep your Account information up to date.
- Multi-Account Use: the Service allows a single device to store credentials for multiple linked Accounts — for example where one person holds both a Customer and a Staff Account — to allow switching without repeated login. You are responsible for the security of any device on which such credentials are stored, and should use the account-removal or log-out function before transferring, sharing, selling, or disposing of a device.
3.4 E-Commerce Act Registration Disclosure
Code Peak Nepal Pvt. Ltd. is registered with the Department of Commerce, Supplies and Consumer Protection as required under the Electronic Commerce (E-Commerce) Act, 2081 (2025). Our platform registration details, including business name, registration number, and registered address, are available on the Department's e-commerce portal and on request at legal@merobites.com. Merchants listing on the platform may also be independently required to register under the E-Commerce Act; each Merchant is solely responsible for its own registration obligations.
4. Using the Service
The Service provides, among other features: restaurant discovery and AI-assisted search, menu viewing, table reservation and waitlist management, QR-based in-restaurant ordering, order tracking, loyalty features, push notifications, and role-specific interfaces for Restaurant Staff, Managers, Merchants, and Administrators.
- You agree to use the Service only for lawful purposes and in accordance with these Terms.
- You must not interfere with the Service, attempt to reverse engineer the app, or access the Service via automated means except via published APIs with explicit permission.
4.1 AI-Assisted Features
Certain discovery, search, and menu-management features use artificial intelligence models operated by Google. These include natural-language search and date planning, and a menu-scanning tool available to Merchants. Text you type into AI search and menu photographs uploaded by Merchants are sent to Google for processing; see Section 7 of our Privacy Policy for what is and is not transmitted.
AI-generated results are provided for convenience and may be incomplete, inaccurate, or not perfectly tailored to your intent. You should independently verify important details — such as menu items, prices, or availability — directly with the Merchant before relying on AI-generated output. AI-generated recommendations, rankings, discovery summaries, search results, and extracted menu data are informational only and must not be relied upon as guarantees regarding quality, current availability, pricing, ingredients, allergen content, or suitability for any particular dietary need or purpose. MeroBites does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated output and is not liable for any loss, harm, or dissatisfaction arising from reliance on it.
4.2 Push Notifications
The Service uses push notifications, delivered via Firebase Cloud Messaging, for order status changes, waitlist updates, and marketing communications. Operational notifications essential to active orders or sessions cannot be fully disabled while those sessions are live. Marketing communications are optional and may be managed through your in-app notification preferences. See Section 15 of our Privacy Policy.
4.3 Offline Functionality (Restaurant Staff)
Certain Staff-facing features, particularly for Waiters, are designed to continue operating during temporary internet outages by storing data locally on the device and synchronising once connectivity is restored. While we design this to minimise data loss, we are not liable for data loss, order discrepancies, or synchronisation conflicts arising from extended offline use, multiple devices being used offline simultaneously for the same table or order, or a device malfunctioning before synchronisation completes.
4.4 Electronic Contract Formation
By placing an order, making a reservation, or confirming a transaction through the Service, you enter into a legally binding electronic contract with the relevant Merchant under Section 11 of the Electronic Transactions Act, 2063 (2008). MeroBites facilitates the formation of this contract but is not itself a party to the contract between you and the Merchant, unless expressly stated otherwise. Electronic records of your transactions are maintained by MeroBites and constitute valid evidence of the agreement under the ETA.
4.5 Platform Registration and Compliance (E-Commerce Act 2081)
MeroBites operates as an electronic platform within the meaning of the Electronic Commerce (E-Commerce) Act, 2081 (2025). In compliance with the Act, MeroBites: (a) maintains a registered listing with the Department of Commerce, Supplies and Consumer Protection; (b) ensures accurate disclosure of business and director information on the Department's portal; (c) operates a grievance redressal mechanism allowing complaints to be registered electronically, acknowledged promptly, and resolved within 15 days; and (d) maintains transaction records in accordance with applicable law. Users and Merchants may submit complaints through the in-app grievance feature, by email to support@merobites.com, or in writing to MeroBites' registered address.
5. Transactions, Payments, and Fees
- All Transactions are between the User and the Merchant unless explicitly stated otherwise. MeroBites acts as a technology platform and is not a party to most Transactions.
- Payment processing is provided by third-party payment processors, including eSewa and Khalti, as well as cash payments handled directly by the Merchant. You agree to the applicable payment processor's terms when you complete a payment through that method.
- We may collect service fees or other charges as disclosed during checkout. Fees may change; we will post updates in the app.
- For disputes about prices or quality, Users must contact the Merchant first. We may assist as a facilitator but are not responsible for Merchant performance unless stated.
5.1 Table Sessions and QR Ordering
When you scan a table QR code, a Table Session is created linking your Account to that table. Orders placed during a Table Session are visible to the Merchant's kitchen and staff for fulfilment. You are responsible for orders placed under your Table Session, including by anyone using your device during that session.
5.2 Reservations and Waitlist
Reservation and waitlist features allow you to request a table for a future time or join a queue at a Merchant. Confirmation of a reservation or waitlist position is subject to the Merchant's availability and discretion.
5.3 Invoices
Invoices for completed Transactions are generated and made available through the Service. Where a Merchant uses the Service's electronic billing functionality, invoices are issued from that Merchant's own registration and sequence. Merchants remain solely responsible for their own fiscal and VAT compliance, including issuing VAT-compliant invoices where required by law and, where a Customer requests a full VAT invoice, providing one in accordance with Rule 17 of the VAT Rules, 2053. MeroBites provides billing software and records; it does not discharge a Merchant's tax obligations.
5.4 Cancellations and Refunds
Cancellation and refund terms — including how cancellation cutoffs relate to order status, how refunds work by payment method, and how to request a refund — are set out in our separate Cancellation and Refunds Policy, which forms part of these Terms by reference.
5.5 Suspension or Reversal of Transactions
We reserve the right to suspend or reverse Transactions where fraud, abuse, or suspicious activity is suspected.
5.6 Loyalty Points
- Loyalty Points accrue based on qualifying payment totals as determined by the relevant Merchant's loyalty configuration, and may be redeemed against future bills with that Merchant, subject to any conditions the Merchant applies.
- Loyalty Points have no cash value, are non-transferable, cannot be sold or exchanged for cash, and are not your property in the sense of a financial asset — they are a discretionary benefit of the loyalty program.
- Loyalty Points may expire after a period of inactivity or non-use, as described in the loyalty program terms applicable to a given Merchant or communicated in-app.
- We and Merchants reserve the right to adjust, suspend, or revoke Loyalty Points in cases of suspected fraud, abuse, or violation of these Terms, or where Points were issued in error.
- Where a Transaction involving redeemed Loyalty Points is cancelled or refunded, redeemed Points will generally be restored, as described in our Cancellation and Refunds Policy.
- Loyalty Point balances with a particular Merchant may expire or be forfeited if that Merchant permanently terminates its loyalty program, withdraws from the platform, or ceases business operations. Where we can give advance notice, we will endeavour to do so via in-app notification. MeroBites accepts no liability for loss of Loyalty Points resulting from a Merchant's decision to leave the platform or discontinue its program.
6. Restaurant Staff and Internal Roles
This Section applies to Users accessing the Service as Restaurant Staff (Waiter, Cook/Kitchen, Receptionist), as a Manager, or as a Platform Administrator.
6.1 Scope of Access
Your access to data and functionality is determined by your assigned role and governed by access controls, including row-level security policies, intended to limit your visibility to the data necessary to perform your role. You agree to access and use only the data, screens, and functions relevant to your assigned duties, and not to attempt to access data outside the scope of your role.
6.2 Job Applications and Onboarding
If you apply for a Staff role through the Service, you agree to provide accurate information and authentic supporting documents, including identity documents such as citizenship card scans and a CV where requested. Submitted documents are subject to verification before an Account is activated for a Staff role. Providing false, forged, or another person's identity documents is a serious violation of these Terms, may constitute a criminal offence under Nepal's National Penal Code, 2074 (2017), and may result in immediate termination of access and referral to the relevant Merchant and, where appropriate, law enforcement.
6.3 Conduct in Role
- You agree to record orders, attendance, and other operational data accurately and in good faith.
- You must not alter orders, bills, attendance records, or any other data for an improper purpose, including to misstate amounts owed, manipulate salary or attendance calculations, or conceal errors.
- By accepting a Staff role, you acknowledge and expressly consent that your activities within the Service — including attendance records, operational actions such as order submissions, billing approvals and status updates, order modifications, and system interactions — may be monitored, logged, and audited by MeroBites and the relevant Merchant for payroll calculation, operational management, regulatory compliance, security oversight, and quality control. This monitoring is part of the legitimate operation of a restaurant management system, is consistent with Nepal's Labour Act, 2074 (2017) and Individual Privacy Act, 2075 (2018), and does not extend beyond what is necessary for those stated purposes.
6.4 Attendance, Salary, and Employment Matters
The Service is a tool used by Merchants to record attendance and calculate salary-related figures such as base salary, bonuses, deductions, and advances. MeroBites is not your employer solely by virtue of providing this tool; your employment relationship, if any, is with the relevant Merchant, and any employment dispute — including about pay, hours, or termination — should be directed to that Merchant in the first instance, without prejudice to any statutory rights you have under the Labour Act, 2074 (2017), including minimum wage, overtime, leave entitlements, and severance. MeroBites does not function as an employer for the purposes of the Contribution Based Social Security Act, 2074 (2017); SSF registration and contribution obligations belong to the Merchant as the employing party.
6.5 Termination of Staff Access
A Merchant may request that we deactivate or restrict a Staff Account's access to its restaurant's data at any time, including at the end of employment. We may also suspend or terminate Staff access for violation of these Terms, independent of any action by the Merchant. Deactivation of a Staff Account does not constitute or substitute for any employment termination process required under the Labour Act, 2074 (2017); Merchants remain responsible for following applicable statutory procedures when ending an employment relationship.
6.6 Workplace Anti-Harassment
MeroBites expects all Merchants to maintain workplaces free from harassment and discrimination, in compliance with Section 144 of the Labour Act, 2074 (2017), which prohibits verbal, physical, emotional, or suggestive conduct creating an unsafe or hostile working environment. Staff who experience harassment or discrimination in connection with their use of the Service may report incidents to the relevant Merchant management in the first instance, or to MeroBites at legal@merobites.com. MeroBites may take platform-level action, including Merchant suspension, in response to credible and documented reports of serious misconduct.
7. Merchant Terms
This Section applies to Merchants that register to list and operate on the Service, and to individuals acting on a Merchant's behalf.
7.1 Onboarding and Listing
- A Merchant must provide accurate business information, including legal name, business registration details where applicable, location, and menu information, and keep it current.
- We may verify Merchant-submitted information and documents before activating or continuing a listing, and may decline or suspend a listing at our discretion, including for incomplete, inaccurate, or non-compliant information.
- Merchants are independently responsible for registering with the Department of Commerce, Supplies and Consumer Protection under the E-Commerce Act, 2081 (2025) where required, and for maintaining any other licences, permits, or registrations required to operate lawfully in Nepal, including business registration, food safety permits, and health licences.
7.2 Merchant Responsibilities
- The Merchant is solely responsible for the accuracy of its menu, pricing, availability, and offers displayed through the Service.
- Merchants must ensure that menus, pricing, photographs, ingredient descriptions, promotions, discounts, and availability information are accurate, current, and not misleading. Merchants warrant that their listings comply with the Consumer Protection Act, 2075 (2018) and the E-Commerce Act, 2081 (2025), including obligations not to engage in misleading advertising or misrepresent the quality, origin, or nature of goods and services. MeroBites reserves the right to remove or suspend listings it reasonably believes contain misleading or inaccurate information.
- Where a Merchant uses the AI menu-scanning feature, the Merchant remains responsible for reviewing and correcting extracted item names, prices, and descriptions before publishing them. Extracted data is a draft, not a verified record.
- The Merchant is solely responsible for food safety, food preparation, hygiene, and compliance with all applicable food safety, health, business licensing, tax, and labour laws in Nepal, including with respect to its own Staff.
- The Merchant is responsible for fulfilling orders, reservations, and waitlist commitments, and for handling refunds and complaints in accordance with our Cancellation and Refunds Policy and applicable consumer protection law.
- The Merchant is responsible for configuring and honouring its own loyalty program terms, including any Loyalty Points it issues.
7.3 Merchant Tax Compliance
Each Merchant is solely and exclusively responsible for all of its tax obligations under Nepal's laws, including: (a) registration for Value Added Tax under the VAT Act, 2052 (1995) and maintenance of a valid VAT number where applicable; (b) Permanent Account Number registration and compliance with income tax filing obligations under the Income Tax Act, 2058 (2002); (c) issuance of IRD-compliant tax invoices to customers in the prescribed format under Rule 17 of the VAT Rules, 2053; (d) where applicable, use of IRD-approved electronic billing software and synchronisation with the Central Billing Management System (CBMS) where turnover exceeds applicable thresholds; (e) monthly VAT return filing and remittance of VAT collected; and (f) all filings and remittances required by the Inland Revenue Department or any other competent authority.
Where a Merchant uses the Service's electronic billing functionality, invoices are issued under that Merchant's own registration and remain the Merchant's fiscal records. MeroBites provides software and record-keeping; it does not discharge any of the Merchant's tax or invoicing obligations, and Merchants may not represent to customers or regulators that it does. The IRD requires VAT records to be retained for at least 6 years from the end of the relevant fiscal year; Merchants are responsible for their own record retention independently of any data stored by MeroBites.
Each Merchant indemnifies MeroBites and holds it harmless against any claim, fine, penalty, liability, or enforcement action by the IRD or any other authority arising from the Merchant's failure to meet its own tax, fiscal invoice, or VAT compliance obligations.
7.4 Food Allergen Disclaimer
MeroBites does not independently verify allergen, ingredient, or nutritional information provided by Merchants. Menu descriptions and ingredient information shown through the Service are provided by Merchants and may not be complete or current. Customers with food allergies, intolerances, or specific dietary requirements must verify ingredient and allergen information directly with the restaurant before placing an order. MeroBites accepts no liability for allergic reactions, dietary harm, or other health issues arising from reliance on allergen or ingredient information displayed through the Service. Merchants warrant that all ingredient and allergen information they publish is accurate and kept up to date, and indemnify MeroBites against any claims arising from inaccurate allergen information.
7.5 Merchant Responsibility for Personal Data
Where a Merchant accesses, processes, or exports personal data through the Service — including customer transaction data, contact details, order histories, or staff employment records — for its own purposes beyond those strictly necessary to fulfil orders, the Merchant is independently responsible for that processing under the Individual Privacy Act, 2075 (2018). The Merchant bears full and sole responsibility for: (a) ensuring a lawful basis for its own processing; (b) complying with the Privacy Act and applicable employment or consumer protection law; (c) implementing appropriate technical and organisational measures to protect personal data it controls; and (d) responding to data subject requests or regulatory inquiries relating to its own processing. MeroBites is not responsible for a Merchant's independent use or misuse of personal data accessed through the Service, and each Merchant indemnifies MeroBites against any claim, liability, or enforcement action arising from it.
7.6 Subscription Fees and Payments
Access to the Service for Merchants is provided on a subscription basis. Subscription plans, their prices, and the features included in each are disclosed at the point of purchase. Subscriptions are purchased and managed on the MeroBites website, not within the mobile application.
- Subscription fees are payable in advance for the period selected and are charged in Nepalese Rupees.
- Subscriptions do not renew automatically. Access continues until the end of the paid period; to continue, a Merchant must make a further payment before or after expiry.
- On expiry, paid features are switched off. Core ordering, payment, and billing functionality, and the Merchant's own data, remain available.
- Subscription fees are for software access and are separate from any Transaction between a Customer and a Merchant.
- We may change subscription prices or plan contents on reasonable notice. Changes do not affect a period already paid for.
- Subscription fees are generally non-refundable once a period has begun, except where required by applicable law or where we have failed to provide the Service for a material period. This does not affect a Merchant's rights under the Consumer Protection Act, 2075 (2018) where those rights apply.
7.7 Suspension and Termination of Merchant Accounts
We may suspend or terminate a Merchant's access for breach of these Terms, repeated Customer complaints, food safety concerns, non-payment of applicable fees, failure to comply with applicable law including the E-Commerce Act, 2081, or other conduct we reasonably believe harms Users or the integrity of the Service.
8. User Content and Conduct
Users may submit ratings, reviews, photos, grievances, and other content ("User Content").
- You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free, transferable licence to host, store, reproduce, modify, create derivative works from, publicly display, and distribute it as necessary to operate and promote the Service.
- You represent and warrant that you own or have the necessary rights to submit your User Content, and that it does not violate any law or third-party rights.
- Prohibited content includes: illegal content, hate speech, sexually explicit material, personal data of others submitted without their consent, copyrighted material submitted without permission, and content that violates privacy or confidentiality. Submitting manipulated or fake reviews or ratings is expressly prohibited and may constitute an unfair trade practice under the Consumer Protection Act, 2075 (2018) and the E-Commerce Act, 2081 (2025), which prohibit posing as a consumer to manipulate ratings.
- We may remove User Content for any reason and may suspend or terminate Accounts for repeated violations.
9. Intellectual Property
All app code, user interfaces, graphics, logos, trademarks, and service names are our intellectual property or are licensed to us. You may not copy, reproduce, or create derivative works from them without our written permission. If you believe content on the Service infringes your intellectual property rights, follow the Takedown Procedure in Section 21.
10. Third-Party Services and Links
The Service integrates with third-party providers, including payment gateways (eSewa, Khalti), Google (AI models used for search and menu scanning; Firebase for push notifications and crash reporting), and a transactional email provider. The Service may also include links to third-party websites or content. We are not responsible for those third parties' practices, availability, or content. Use of third-party services is subject to that third party's own terms and policies.
11. Privacy and Data
Our Privacy Policy governs the collection, use, disclosure, storage, and retention of your personal information, including data stored locally on your device and data stored on our servers. You consent to our data practices, as described in the Privacy Policy, by using the Service. Our data practices are designed to comply with the Individual Privacy Act, 2075 (2018) and, where applicable, the E-Commerce Act, 2081 (2025).
12. Security
We implement reasonable technical and organisational measures to protect data, including encryption, access controls, and row-level security policies on our database, consistent with our obligations under the Individual Privacy Act, 2075 (2018) and the Electronic Transactions Act, 2063 (2008). No internet transmission or storage method is completely secure, and locally cached data on a device — such as Staff credentials or offline order data — carries inherent device-level risk. You accept these risks and agree that we are not liable for unauthorised access except where required by applicable law. In the event of a data breach, we will take reasonable steps to investigate and notify affected users and relevant authorities where required by the Privacy Act, 2075 (2018).
13. Grievance Redressal
In compliance with the E-Commerce Act, 2081 (2025), MeroBites operates a formal grievance redressal mechanism. You may submit a complaint through:
- The in-app grievance and complaint feature (preferred)
- Email to support@merobites.com
- Writing to Code Peak Nepal Pvt. Ltd., Kathmandu, Nepal
Complaints will be registered and acknowledged promptly and resolved within 15 days of receipt, in accordance with the E-Commerce Act, 2081. For unresolved disputes, the escalation process in Section 22 applies. Nothing in this Section limits your right to escalate a complaint to the Department of Commerce, Supplies and Consumer Protection or any other competent authority.
14. Prohibited Uses
You may not:
- Use the Service to commit unlawful acts, fraud, or deceptive practices.
- Attempt to gain unauthorised access to any part of the Service, including data or functionality outside the scope of your assigned role.
- Interfere with or circumvent security features, including row-level security policies or document verification processes.
- Use the Service to transmit viruses, malware, or other harmful code.
- Submit false, forged, or another person's identity documents in connection with a Staff or Merchant application.
- Engage in misleading advertising, post fake or manipulated reviews, or misrepresent the quality or availability of goods or services in violation of the Consumer Protection Act, 2075 (2018) or the E-Commerce Act, 2081 (2025).
- Engage in conduct constituting a cyber offence under the Electronic Transactions Act, 2063 (2008), including unauthorised access, data interference, or identity theft.
15. Suspension and Termination
We may suspend or terminate access for violations of these Terms or applicable law, or to protect the Service, its Users, or Merchants. Termination does not relieve you of obligations incurred before termination.
16. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT, OFFLINE SYNCHRONISATION, OR ANY OTHER FEATURE WILL OPERATE WITHOUT ERROR.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEROBITES, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR, IF NONE, NPR 10,000 (TEN THOUSAND), WHICHEVER IS GREATER.
This limitation applies to claims arising from use of the Service generally, including claims related to offline synchronisation issues, AI-generated inaccuracies, Merchant performance, or Table Session or Transaction errors, except to the extent such limitation is not permitted by applicable law, including mandatory remedies available under the Consumer Protection Act, 2075 (2018).
18. Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, earthquakes, fire, flood, war, civil unrest, strikes, internet or telecommunications outages, power outages, governmental action, or failures of third-party service providers including our hosting provider, Google, eSewa, or Khalti.
19. Indemnification
You agree to indemnify, defend, and hold harmless MeroBites and its affiliates from any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your use of the Service, your submission of false or fraudulent information or documents, your violation of any applicable Nepal law, or your infringement of any third-party rights.
20. Consumer Rights Savings Clause
Nothing in these Terms limits or excludes any rights available to consumers under Nepal's Consumer Protection Act, 2075 (2018), the E-Commerce Act, 2081 (2025), or any other applicable mandatory consumer protection legislation. Article 44 of the Constitution of Nepal, 2072 guarantees every consumer the fundamental right to obtain quality goods or services and to seek compensation for harm caused by substandard goods or services; these constitutional rights are not affected by any provision of these Terms. Where any provision conflicts with a consumer right that cannot be waived or contracted out of under applicable law, that mandatory right prevails to the extent of the conflict.
21. IP Takedown Procedure
If you are a rights holder and believe content on the Service infringes your rights, provide written notice to legal@merobites.com including:
- Identification of the copyrighted work or other right claimed to be infringed.
- Identification of the material claimed to be infringing and its location on the Service.
- Your contact information.
- A statement that the information is accurate and that you are authorised to act on behalf of the owner.
We will respond to notices, remove or disable access to infringing material where appropriate, and provide notice to the content poster where required.
22. Governing Law and Dispute Resolution
- These Terms are governed by the laws of Nepal, including the Electronic Transactions Act, 2063 (2008), the Consumer Protection Act, 2075 (2018), the E-Commerce Act, 2081 (2025), and all other applicable legislation.
- Any dispute shall first be attempted to be resolved through good-faith negotiation, including through the grievance redressal mechanism in Section 13.
- If unresolved, disputes shall be submitted to arbitration in Kathmandu, Nepal under the Arbitration Act of Nepal or the then-applicable arbitration rules, and the arbitrator's award shall be final and binding. Parties may seek interim injunctive relief in a competent court in Nepal when necessary.
- Users outside Nepal: if you access the Service from outside Nepal, you agree that Nepali law and the arbitration mechanism above govern any dispute, notwithstanding the laws of your own location, except to the extent a mandatory law of your jurisdiction provides otherwise.
Nothing in this Section prevents you from referring a complaint to the Department of Commerce, Supplies and Consumer Protection or any Consumer Court established under the Consumer Protection Act, 2075 (2018).
23. Changes to These Terms
We may update these Terms from time to time, including to reflect new features, roles, or legal requirements. Material changes will be communicated via in-app notice or email and take effect after posting. Continued use after such notice indicates acceptance of the revised Terms.
24. Notices and Contact
- Legal notices: legal@merobites.com
- General support and grievances: support@merobites.com, or the in-app grievance feature
- Privacy matters: privacy@merobites.com
25. Survival
Provisions that by their nature should survive termination will survive, including Section 7 (Merchant Terms, to the extent obligations remain outstanding), Section 8 (User Content licence), Section 9 (Intellectual Property), Section 12 (Security, as to data already collected), Sections 16–17 (Disclaimers and Limitation of Liability), Section 19 (Indemnification), and Section 22 (Governing Law and Dispute Resolution).
26. Miscellaneous
- Severability: if a provision is unenforceable, it will be severed without affecting the remainder of these Terms.
- Assignment: you may not assign your rights under these Terms; we may assign ours.
- Entire Agreement: these Terms, our Privacy Policy, our Cancellation and Refunds Policy, and any additional posted policies constitute the entire agreement between you and us regarding the Service.
- Language: these Terms are drafted in English. In the event of any conflict between an English version and a Nepali translation, the English version prevails unless otherwise required by applicable law.