1. Purpose

(a) The terms and conditions for the use of the Hey Roomie service (hereinafter referred to as the “Service Terms and Conditions”) shall refer to the terms, conditions, and policies set forth herein (hereinafter referred to as the “Terms and Conditions”) and any additional terms and conditions that may be added in the future (e.g., Paid Services Terms and Conditions).

i. "Members" mean customers who access the "Hey Roomie Service" and sign a contract with the "Service Provider" under these Terms and Conditions and use the "Hey Roomie Service".

ii. "Content" means videos (all videos such as videos on demand, recorded, ive, etc.), music, and images, etc. provided by the "Service Provider" through the "Hey Roomie Service".

iii. "Hey Roomie Service" includes all content and services provided by the "Service Provider" to users.

(b) The purpose of the Service Terms and Conditions is to clearly define the legal relationship between Kaway Technologies Pte Ltd. (hereinafter referred to as the “Service Provider”) and users (hereinafter referred to as “Members”) who have entered into an agreement (hereinafter referred to as the “User Agreement”) in accordance with the Terms and Conditions to use Hey Roomie services offered through the internet operated by the Service Provider  (hereinafter referred to as the “Service”).

(c) The Service Provider  shall disclose the Terms and Conditions and the Privacy Policy at the onset as part of the membership registration to the Service.

2. Creation and Use of Hey Roomie Accounts

(a) A "Hey Roomie Account" is a login account created by a Member to use the Service provided by the Service Provider. A "Hey Roomie Account" is created once the Member agrees with the Terms and Conditions. The user shall submit  his/her personal account information, and the Service Provider authenticates such information (by verifying the Member’s e-mail address).

(b) After creating a "Hey Roomie account", Members may access the full range of Hey Roomie related services provided by the Service Provider.

In accordance with Data Privacy Act of the Philippines Republic Act No. 10173, the Service Provider shall request permission to the Member for collecting the data to be used for any specific purpose as defined in this Agreement. The Member agrees that the Service Provider shall store and process any personal data collected.

3. Data Collection and Processing Consent

I allow the Service Provider to collect my information as part of my voluntary Membership registration to Hey Roomie service.

I allow  the Service Provider to collect my information and authorize it as an entity to send me service, marketing, and promotional announcements that will benefit me as a registered Member of the Service.  

4. User Agreement

The Service Provider is collecting personal information of the user for the purpose of creating a unique account that will allow exclusive access for the user to be a Member of the Service. The Service Provider is also collecting personal information of the user for the purpose of marketing any promotional announcements as part of Member benefits where applicable, whereas the promotional announcements is a default benefit service of Hey Roomie as a service provided for Members.

(b) The Service Provider  may collect personal information such as the e-mail address of the Member Applicant in the course of concluding the User Agreement, and, in such cases, the Member Applicant shall provide correct (not false) information. The collection, use and storage of personal information in this paragraph (b) shall be governed by the Service Provider’s Privacy Policy which shall be disclosed separately on the starting page of the Service.

(c) If the Service Provider  determines that it may be improper to approve an application for membership submitted by an Applicant due to reasonable suspicions that the application is an attempt to mechanically access the system for the Service, an attempt to fraudulently use an account, involves the provision of false information, or the Applicant is attempting to abuse the Service, etc. the Service Provider  may postpone or deny the approval of the application, or terminate the User Agreement following approval.

(d) If an Applicant is below eighteen (18) years old, the Applicant must obtain consent from their parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) the Applicant’s actions; (ii) any charges associated with the Applicant’s use of any of the Services; and (iii) the Applicant’s acceptance and compliance with these Terms of Use. If the Applicant does not have consent from their parent(s) or legal guardian(s), they must stop using/accessing the Hey Roomie platform and its Services.

4. Term and Conditions

(a) The Service Provider  may amend the Terms and Conditions to the extent permitted under relevant laws and regulations.

(b) In the event the Service Provider  amends the Terms and Conditions in accordance with the preceding paragraph (a), the Service Provider  shall provide advance notice of the effective date of the amendments, the details of the amendments, and the reason for the amendments through the Service. However, if any amendments are disadvantageous to Members, the Service Provider shall provide notice of such amendments through the Service at least 30 days prior to their effective date. Furthermore, the Service Providershall provide separate notice of such amendments to each Member via email, or other electronic methods.

(c) If a Member disagrees with proposed amendments to the Terms and Conditions, such Member shall be permitted to terminate the User Agreement entered into in accordance with the Terms and Conditions and discontinue his/her use of the Service.

(d) Members who do not express their objection to the proposed amendments to the Terms and Conditions prior to their effective date, despite being notified by the Service Provider  in accordance with the preceding paragraph (b) that if they do not express their objection by the effective date of the proposed amendments then they will be deemed to have accepted the proposed amendments, shall be deemed to have agreed to the amendments.

5. Changes and Termination 

(a) The Service Provider  may change the contents of the Service if necessary. However, if such changes to the contents of the Service materially affect the rights and obligations of Members, such changes shall be made after providing notice to Members.

(b) The Service Provider  may temporarily suspend the provision of the Service in the event its information and communications facilities and equipment require maintenance/repair or replacement, experience a breakdown or communications failure, or there exists significant operational reasons.

(c) The Service Provider may, if necessary, conduct periodic inspections for the provision of the Service and temporarily suspend the provision of the Service during the periodic inspections.

(d) The Service Provider may suspend the provision of the Service as deemed necessary to protect the Service Provider and other Members of the Service.

6. Placement of Advertisements

The Service Provider reserves the right to place the Service Provider’s advertisements or those of third parties on the Service.

7. Rights and Obligations of Members

(a) Members shall use the Content only within the Service and are prohibited to use said Content outside the service.

b) Creator Members and the Service Provider have the rights to the Content they create and post on the platform. Specific to the content created by the Service Provider, the Service Provider has the rights to the Content.

(c) Members shall refrain from using the Contents as below or in any manner that is beyond the scope of use permitted under this Article. Members shall bear all civil and criminal liability resulting from their unauthorized use of the Contents.

(1) Creating separate video files of the Contents without the Service Provider’s permission

(2) Posting the Contents on the internet without the Service Provider’s permission

(3) Providing the Contents to third parties without the Service Provider’s permission

(4) Any other acts that infringe the copyrights of the Contents

(d) Members shall not engage in any activity that interferes with the provision of the Service or access servers and network systems used for the Service without authorization.

(e) Members shall not engage in any of the following activities:

(1) Provide false information to the Service Provider or steal information from third parties

(2) Activities that infringe the copyrights or other intellectual property rights of the Service Provider  or third parties

(3) Activities that defame or disturb the business of the Service Provider or third parties

(4) Use the Service for commercial purposes without the consent of the Service Provider

(5) Impersonating the Service Provider or intentionally spreading false information in connection with the Service

(f) Members shall be responsible for managing their login credentials including its passwords and shall be solely responsible for any and all damages caused by their intentional or negligent acts or omissions. Members shall promptly notify the Service Provider  and follow the Service Provider’s instructions, if any, in the event they become aware that their ID or password has been stolen or is being used by a third party.

8. Policy for Creation/Operation of Member Content and Sanctions for Violations Thereof

(a) All content created by Members including posts and replies thereto (hereinafter collectively referred to as “Member Content”) shall be governed by the provisions of this Article.

(b) Prohibited Acts: Members shall refrain from creating any Member Content related to the contents below or engage in any acts prohibited below.

(1) Content that defames the reputation of or slanders (without basis) the Service Provider or third parties (including artists affiliated with the Service Provider)

(2) Activities or content that are contrary to public morals such as swearing, obscene/vulgar content, or violent content

(3) Content that causes persistent fear or anxiety without basis

(4) Content related to fraudulent acts prohibited by law

(5) Content that discloses content that qualifies as a trade secret or state secret under law

(6) Content whose purpose is the commission or aiding/abetting of a crime

(7) Content that is prohibited from being posted under other relevant laws and regulations

(8) Acts prohibited under Article 7 (3) to Article 7 (5) hereunder including the act of repeatedly posting the same or similar Member Content

(c) Sanctions: Members may be subject to the following measures if they engage in any prohibited acts in the preceding paragraph (b).

(1) Member Content that has been confirmed as violating the preceding paragraph (b) or that has been reported as violating the same in excess of a certain number of times shall be automatically deleted on a temporary basis and may be restored if the Member responsible for its creation successfully establishes that such Member Content does not violate the preceding paragraph (b).

(2) Members responsible for creating Member Content that has been confirmed as violating the preceding paragraph (b) or that has been reported as violating the same in excess of a certain number of times shall be automatically restricted from creating additional Member Content for a certain period of time and this restriction may be removed if the Member successfully establishes that such Member Content does not violate the preceding paragraph (b).

(d) Service Provider’s right to use Member Content: the Service Provider may use Member Content if deemed necessary.

9. Restrictions on Use

(a)The Service Provider may temporarily or permanently restrict the use of the Service by a Member as below.

(b)Temporary restriction of use

(1)If the Member violates his/her obligations in Article 7

(2)If the Member violates the policy for creation/operation of Member Content in Article 8

(c)Permanent restriction of use

(1)If the Member repeatedly violates his/her obligations in Article 7

(2)If the Member’s violation of his/her obligations in Article 7 constitutes a crime

(3)If the Member repeatedly violates the policy for creation/operation of Member Content in Article 8

(4)If the Member’s violation of the policy for creation/operation of Member Content in Article 8 constitutes a crime

10. Rights, Obligations and Indemnities of the Service Provider

(a)The Service Provider reserves all rights to the Service.

(b)The Service Provider shall endeavor to provide the Service in a stable manner, but upon the occurrence of an act of God, war, or any other force majeure event, or if temporary suspension in accordance with Article 5 becomes necessary, the Service may be suspended or discontinued, and in no event shall the Service Provider be responsible or liable for such suspension or discontinuation of the Service.

(c)The Service Provider shall not be liable for any damages arising from the use of the Contents by Members unless any intent or negligence can be attributed to the Service Provider.

11. Notification

(a)The Service Provider may individually notify Members by using their registered e-mail address, SMS, or social media accounts unless otherwise specified in the Terms and Conditions.

(b)Notwithstanding the preceding paragraph (a), if the Service Provider needs to notify an unspecified number of multiple users, the Service Provider may substitute providing notice individually to Members in accordance with the preceding paragraph (a) by providing notice through the starting page of the Service for a period of at least 7 calendar days.

12. Inactive Accounts

(a)If a Member has failed to use the Service for more than 6 months, his/her account shall be classified as a dormant account. The Service Provider may restrict the activities and use of the Service of Members with dormant accounts.

(b)After a Member’s account is designated as a dormant account, the Service Provider may subsequently delete such Member’s account .

13. Liability

The Service Provider and the Member shall each be liable for any damages they inflict upon the other party. In particular, in the event a Member infringes the copyright of the Contents in violation of Article 7 (3), such Member shall bear all civil and criminal liability resulting from the violation.

14. Change of the Entity who Provides the Service

(a)In the event there is a change in the entity providing the Service due to a whole or partial business transfer or merger, a division of personnel or property, or the transfer of assets, etc., the Service Provider shall notify Members regarding the transfer of their personal information.

(b)In the event there is a change in the entity providing the Service in accordance with paragraph (a), the User Agreement entered into between the Service Provider and the Member in accordance with the Terms and Conditions shall be wholly assigned to the new entity providing the Service.

(c)The Service Provider shall provide the Member with information on the methods and procedures for withdrawing his/her consent for the collection and use of personal information in the event such Member objects to the transfer of his/her personal information or the assignment of the User Agreement.

15. Governing Law and Jurisdiction

(a)The Terms and Conditions shall be governed by the laws of the Republic of the Philippines, and the courts of the Republic of the Philippines shall have jurisdiction over any disputes arising from or related to the Terms and Conditions.

(b)Any disputes arising between the Service Provider and the Member shall be submitted to a court having jurisdiction over the Member’s address when the complaint is filed, and in case the Member’s address cannot be ascertained, the district court having jurisdiction over the Member’s residence shall have exclusive jurisdiction. Provided, however, if the Member’s address or residence is not clear when the complaint is filed, the dispute shall be referred to a competent court in accordance with the Philippines Law. 

Effective Date: February 14, 2022

Service Operation Policy

This Operation Policy (this “Policy”) defines the standards for the Hey Roomie Service (the ‘Service’) provided by Hey Roomie (the ‘Service Provider’) and detailed rules that must be followed by our users (the “Members”) in order to respond to any issues that may arise in the course of operating the Service in a consistent manner. We encourage you to read this Policy carefully to avoid any difficulties (or conflict) that could arise from non-compliance with this Policy.

1. Obligations of Members

Members shall not engage in any activities that are, within use of Service, in breach of relevant laws and regulations and activities that interfere with Service system and normal use of the Service by other Members.

Any Members that engage in activities that are covered below may be restricted temporarily or permanently from using the Service without any prior notice. If you find that the content of other Members is in violation of our Service Operation Policy or that interferes with your use of the Service, please use the content reporting function.

2. Restrictions on Use of the Service

1. Activities and illegal activities that are subject to restrictions on use:

a. Promoting illegal gambling websites;

b. Selling or promoting illegal products or products that are banned from sale on the Internet;

c. Posting content that contains any information that motivates or assists illegal activities;

d. Posting content that contains programs with viruses or other malicious codes, which may hinder the use of the Service by others or attempting to steal personal data;

e. Sharing works of other people including broadcasts, music records, movies and animated films without the consent of authors;

f. Providing information on how to acquire works of others by unlawful means (e.g. free downloads and sharing);

g. Infringing on other people’s rights including trademark rights and design rights;

h. Using content posted by other people (in whole or in part) including photos and images without permission;

i. Posting content that includes personal data of others; and

j. Registering or using the Service by stealing someone else’s personal data, account, or device.

2. Activities that are obscene, harmful to juveniles:

a. Posting content that contains nudity or depict obscene behavior;

b. Posting content that pertains to prostitution;

c. Posting content that may sexually humiliate or offend others; and

d. Posting photographs or contents that are disgusting and frowned upon by general public (example: human corpse / animal carcass, or damaged human or animal body, urination / excretion / murder / suicide scene, etc.).

3. Discriminatory/ Conflict-Promoting Activities:

a. Posting content that discriminates against or promotes prejudice against gender, religion, disability, age, social status, race, region, occupation, etc.

4. Spam/Advertisements/Promotions:

a. Posting abnormal content such as repetition of a specific work or phrase on a Service or on Services;

b. Engaging in promotional activities on others’ posts without permission, sending friend requests or liking posts to attract visits or likes;

c. Registering or using the Service for commercial gain, promotional or advertising purposes; and

d. Registering or using the Service for malicious purposes such as taking advantage of systematic weakness.

5. Account trade / transfer / proxy / exchange activities:

a. Selling, transferring, or lending accounts or content within the account to someone else, or allowing other to use your account;

b. Attempting to exchange, purchase or transfer accounts and their content, or aiding and abetting others to engage in such activities; and

c. Deceiving others by accessing and stealing contents from other people’s accounts.

6. Activities prohibited by the Service:

a. Registering/unregistering of the Service, creating multiple accounts or similar repetitive activity that may not be viewed as normal service use;

b. Causing harm or confusion to other Members by deceiving other Members by impersonating a Service Provider employee or an administrator of the Service or deriving benefit;

c. Using any language that is generally considered profane such as swear words, vulgar words or slang expressions; and

d. Uploading a post that is deemed to be false among postings written in the form of articles by impersonating or illegally using the name or the position of a news agency.

7. Other Restricted Activities:

Illegal activities prohibited by applicable laws such as publishing / dissemination of obscene content and promotion of gambling may be permanently restricted at any time regardless of the cumulative amount of violation activity.

You may dissent to such restrictions at any time via online and email inquiries.

Limitations of Liability and Legal Notices

1. Limitation of Liability

The Service Provider does not make any warranty as to the accuracy, reliability, or appropriateness of all content provided by Hey Roomie Service, including images, links, advertisements, posts and comments from Members (the ‘Service Content’ or “Content” in accordance with the Terms of Service provided by the Service Provider), nor does it make any warranty as to the quality of third party products or other information purchased or acquired as a result of advertisements, other information or suggestions through the Service.

You acknowledge that you use the Service and the Service Content at your own risk. Accordingly, the Service Provider shall not be liable for any direct, indirect, incidental, punitive, or consequential damages with respect to the use of your Service and Service Content.

The Service Provider shall have no obligation to modify the contents of the Service and the Service Content. However, the Service Provider may, at its discretion, improve the Service as needed.

2. Legal Notices

You may not download or extract the Service Content in any way other than viewing the Service Content within the Service as permitted by the Service and may not transmit or post the Service Content without the consent of the Service Provider.

You may not access the system that provides the Service or Service Content of the Service Provider in a manner not authorized by the Service Provider, and access by mechanical means by using programs, or third party account information is strictly prohibited.

You shall not use any information and rights relating to the Service, in particular, any related works and trademarks of the Service, without the permission of the Service Provider, and you shall not misrepresent that you are the right holder of the Service and the Service Content.

Without the consent of a subject of information, you may not disclose, redistribute, or transmit any information acquired in the process of viewing the Service and the Service Content, including personal data about the Service Provider or any third party.

You must be aware of and comply with the above restrictions, and you acknowledge and agree that you may be subject to civil and/or criminal liabilities for any breach thereof.

If you do not agree to the above limitations of liability and legal notices, you may not use the Service, and in such cases, please immediately stop using the Service.