Terms & Conditions

Applicability

These terms and conditions of service (“terms of service”) govern your account on EatOut, and the EatOut site and mobile applications (the “EatOut site and mobile applications” or the “site and mobile applications”) and your use of products and services provided through the EatOut site and mobile applications. EatOut provides the content posted on the site and mobile applications subject to the following Terms of Service.

Changes to the Terms of Service

EatOut reserves the right to delete, add, or change the terms of service at any time at its sole discretion without any prior notice. As such, you should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modification.

Site and Mobile Applications Availability

The site and mobile applications may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Account

Account

You are able to create an account and provide certain information about yourself in order to access some of the features offered through the site and mobile applications. The responsibility of maintaining the confidentiality of your account password, and all activities related to your account is solely under your discretion. By using our site and mobile applications you agree to notify us immediately of any unauthorized use of your account or any other breach of security. EatOut will not be held responsible for any damage or loss that may incur, in any unauthorized or authorized use of your account, either with or without our knowledge. In addition, you may be held liable for any losses incurred by EatOut or another party due to someone else using your account. You may or may not use anyone else’s account at any time. We reserve the right to close your account at any time, for any or no reason at all.

User Content

Your user account is for your personal, non-commercial use only. You may not impersonate someone else, create or use and account for anyone other than yourself, provide an email address or other personal information other than your own, or create multiple accounts. You acknowledge that you are responsible for any content you may submit through the site and mobile applications, including the legality, reliability, appropriateness, originality and copyright of any such content. Any content you submit or made available through the sites, (other than personal information, which is handled in accordance with the privacy policy), you grant EatOut a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media.

Privacy Notice

A copy of the EatOut privacy policy that applies to the collection, use, disclosure and other processing of personal information of EatOut are posted and available on the site and mobile applications. These terms of service incorporate the entirety of the EatOut privacy policy. You consent to any personal information we may obtain about you (either via the EatOut site and mobile applications, by email, telephone, or any other means) being collected, stored and otherwise processed in accordance with the terms of the privacy policy.

Applicability

By creating an account, you agree to receive certain communications in connection with the Site. You may receive our weekly e-mail newsletter about offers or happenings in town. You can opt-out of non-essential communications solely upon your discretion.

Site Content

The site and mobile application, including, but is not limited to, the text, graphics, photographs, software, video and audio content, and the like that appear on the website or mobile site (the "site content"), is owned by or licensed to EatOut. All users are prohibited to re-post, republish, reproduce or copy the site content to other web sites, mobile applications, or otherwise, without the prior written consent from EatOut. Users cannot sell or distribute site content to third parties, prepare derivative works of or otherwise exploit content without the prior written permission of EatOut. EatOut has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit site content. All of EatOut trademarks, service marks and logos are owned by or licensed to EatOut and may not be used for any purpose without the prior written consent of EatOut.

Your Conduct on the EatOut Site and Mobile Applications

EatOut Site is a private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies.

The site and mobile applications are designed to offer users discounts and offers with restaurant partners. You agree not to use the site and mobile applications in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any EatOut server, or interfere with any other party's use and enjoyment of the site and mobile applications. You are prohibited to gain unauthorized access to any portion of the site and mobile applications, other accounts, computer systems, or networks connected to any EatOut server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information not intentionally made available to you on the site and mobile applications. You will not link to any part of the sites if such activity is illegal, will cause damage to, or will otherwise harm EatOut or any other party. As such, EatOut reserves the right in its sole discretion to disable or otherwise terminate your use of the sites, or any links you make to the site and mobile applications, or request you to do the same. EatOut reserves all of its rights in the EatOut sites not expressly granted to you by these terms of service.

Pricing and Discounts

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

By using the site and mobile applications you agree to notify us immediately of any errors or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them.

Applicable taxes may vary. We may not be able to notify you in advance of changes in applicable taxes.

When you use the product, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

Claim of Copyright Infringement

EatOut respects the intellectual property of others. If you believe in good faith that any site or mobile application content, or other matter posted on the sites infringes the copyright in a work you own, please contact, with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

  • Identification of the copyrighted work allegedly infringed;

  • Identifying information reasonably sufficient to allow determination by EatOut of the location of the material that is allegedly infringing;

  • Information reasonably sufficient to permit EatOut to contact you;

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For any questions regarding this procedure, or to submit a complaint, please contact EatOut with our “Contact Us” form.

Links to Other Websites or Mobile Sites

The sites may contain advertisements and/or links to other sites ("third party sites"). These links are provided solely for the convenience of the users. EatOut does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any third party sites or any products or services advertised on third party sites. If you decide to leave the sites and navigate to third party sites, or install any applications, software or download content from any such websites or mobile sites, you do so at your own risk. Once you access a third party site through a link on the EatOut sites, you may no longer be protected by these terms of service and you may be subject to the terms of service and other conditions of such third party sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the EatOut sites, or relating to any applications you use or install from such third party sites. Concerns regarding a third party site should be directed to the third party site itself. EatOut bears no responsibility for any action associated with any third party site. Moreover, EatOut does not imply an affiliation with any third party site.

Disclaimers and Limitations of Liability

You agree EatOut will not be held liable for any loss or damage incurred as a result of use of the site and mobile applications or services. You understand that EatOut is not the seller of the goods or services advertised on the site and mobile applications. EatOut is only a service provider and transaction handler for third party merchants ("merchants"), and is not the agent of any merchant, which therefore takes no responsibility for the services or products for which the merchant provides. EatOut has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the site and mobile applications, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the site or mobile applications (or any part thereof) on any particular device or communications service. EatOut has no obligation to provide you with notice of any such changes, and EatOut is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the sites.

Indemnification

You agree to defend, indemnify, and hold harmless EatOut from all liabilities, claims, damages, losses, and expenses, including attorneys' fees that arise from your use of the site and mobile applications. EatOut reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with EatOut in asserting any available defenses.

Governing Law and Jurisdiction

All disputes arising out of, relating to or connected with these terms of service, privacy policy, or your use of any part of the EatOut sites, shall be referred to and finally resolved by arbitration under the rules of Kenya Law. By a panel of three arbitrators appointed in accordance with the Kenya Law. The seat of arbitration shall be Kenya. The language to be used in the arbitral proceedings shall be English. All disputes in arbitration will be handled solely between the named parties, and not on any representative of class basis. Not with standing any other provision of these terms of service, to the extent that you have in any manner violated or threatened to violate EatOut intellectual property rights, EatOut reserves the right to seek injunctive or other appropriate relief in any court in Nairobi, and you consent to exclusive jurisdiction and venue in such courts.

Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of the site and mobile applications, and providing EatOut with a notice of termination. Please review our Privacy Policy for information about what we do with your account when terminated.

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.