Terms of Service

1. Introduction

Welcome to Dormy PH, an online marketplace for residential rentals, owned and operated by Krelio Technologies Inc. (“Krelio,” “Dormy,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Dormy PH app and web platforms (“Platform”), as well as any related services and features (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. Please read them carefully. If you do not agree with any part of these Terms, please do not use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. By using Dormy PH, you represent and warrant that you meet these eligibility requirements. If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.

3. Account Registration

To access certain features of Dormy PH, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, please notify us immediately.

4. Features and Use of the Services

Dormy PH provides a platform for renters to search and compare available properties with detailed information, securely make online payments, digitally sign lease agreements, find and match with roommates, schedule ocular visits to properties, reserve and book rentals, and access ratings and reviews of landlords and properties. As a renter, you agree to use the Services responsibly and in compliance with all applicable laws and regulations.

4.1. For Renters

4.1.1. Searching and Booking

You can search for rental properties by using criteria such as location, dates, price range, and amenities. Search results are based on relevance to your search criteria, considering factors like availability, reviews, and host requirements.

4.1.2. Booking

When you book a property, you agree to pay all charges for the booking, including the rental price, applicable fees, taxes, and any other items identified during checkout. A contract for rental services is formed directly between you and the Host upon booking confirmation, signing of lease contracts, and transfer of any associated payments Fees and other charges, and both monetary and non-monetary obligations arising out of interactions made within the platform, outside and within the context of rental services, are exclusively between you and the Host alone.

4.1.3. Independence of Renters

Your relationship with Dormy PH is that of an independent contractor, and not an employee, agent, or partner. Dormy PH does not direct or control your services. Dormy holds no responsibility for any outcomes arising from your usage of our Services.

Nothing contained in this Agreement will constitute or create, nor will it be construed to have created any relationship of partner, principal or agent, employee, employer, joint venture, franchisee, legal representative or any other legal relationship with Dormy or any of our employees, subcontractors or agents

4.1.4. Accommodation Reservations

A lease of a rental property grants you a limited license to enter, occupy, and use the property, subject to the terms presented between you and the Host in an independently signed Lease Contract. The Host retains the right to re-enter the property during your stay as necessary, in compliance with the terms of the contract and applicable laws.

4.1.5. Assumption of Risk

You acknowledge that renting properties and other related activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risks arising from your access to and use of the Dormy PH platform and any content provided. This includes your operation of a rental thereof, or stay at any property, interaction with users within the platform, use of any services offered by Dormy and its users, or any other interaction you have with other users, whether in person or online. It is your responsibility to investigate and determine the suitability of any rental service for your needs. For example, rental services may carry risks of illness, bodily injury, disability, or death, and you freely and voluntarily assume those risks by choosing to use these services.

4.2. For Hosts

Dormy PH offers hosts a platform that includes features including but not limited to managing inquiries, posting listings, conducting tenant screening and verification, automating rent collection, integrating with property management software, and marketing properties. Hosts using the Services agree to comply with all applicable rental laws, accurately represent their properties, and conduct tenant screening in accordance with the Data Privacy Act of 2012, and other relevant privacy laws.

4.2.1. Hosting on Dormy PH

As a Host, you can use Dormy PH to list and manage properties, as well as receiving and processing rental bookings, including the signing and payment of Lease Contracts. Hosts are expected to provide habitable properties for rent and comply with any and all applicable laws and regulations governing residential leasing in their listed properties (“Host Services”). You are in control of how you host, including setting prices, availability, and rules.

4.2.2. Hosting on Dormy PH

By accepting a booking request or receiving a booking confirmation, you enter into a contract directly with the renter and are responsible for delivering the rental service under the terms specified in your listing, including any and all Host Services identified on your booking confirmation page.

You are responsible for any issues or concerns arising from your rental service. You also agree to pay applicable fees charged by Dormy, including all applicable taxes for each rental booking. Payment channels utilized by Dormy will deduct amounts you owe from your payout unless We and you agree to a different method of payment.

Any terms or conditions that you include as a supplement to your contracts with Renters must be visibly disclosed and easily identified on your listing, and be consistent with the Terms of Service, Additional Legal Terms, Policies, and other requirements deemed relevant by Dormy.

Hosts agree to prioritize bookings made via Dormy and ensure that their inventory and occupancy status of posted listings are accurate. Hosts are entirely responsible for cancellations and issues arising due to conflict of bookings from deals made outside of the Platform, and are subject to cancellation fees, penalties, and/or refunds as stated in the Dormy PH Payments, Refunds, and Cancellation Policy.

4.2.3. Independence of Hosts

4.2.4. Legal Obligations

You are responsible understanding and complying with any and all laws, rules, regulations, contracts, and agreements with third parties that apply to your Listing or any related Services; including but not limited to: rules of home associations, ordinances, zoning laws, governmental requirements, and the like.

You are also responsible for handling and using the personal data of Renters and other information sourced, directly or indirectly, from our Services, in full compliance with applicable privacy laws and these Terms, including our Privacy Policy.

4.2.5. Host Responsibilities

You are responsible and entirety liable for your own acts and omissions, and the acts and omissions of anyone you permit to participate in providing, operating, and managing the services you provide. You are responsible for setting prices, rules, and requirements for availing your rental property. You agree to completely disclose any and all fees and charges in your Listing description.

4.2.6. Assumption of Risk

You acknowledge that renting properties and other related activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume all risks arising from your access to and use of the Dormy PH platform and any content provided. This includes your delivery of Host Services, the operation of a rental thereof, or stay at any property, interaction with users within the platform, use of any services offered by Dormy and its users, or any other interaction you have with other users, whether in person or online. It is your responsibility to investigate and determine the suitability of any rental service for your needs. For example, rental services may carry risks of illness, bodily injury, disability, or death, and you freely and voluntarily assume those risks by choosing to use these services.

4.3. For Third-Party Providers

Third-Party providers partnering with Dormy PH can target advertisements to potential renters, offer special partnerships and deals to attract new customers, integrate payment systems for seamless transactions, and enable online booking of services and products. Third-Party providers agree to abide by all relevant laws and regulations in their use of the Services and partnerships with Dormy PH.

4.4. General Terms for Users

4.4.1. Assumption of Risk

4.4.2. Limitation of Liability for Payment Processing

Dormy hereby disclaims any and all liability for any errors, omissions, delays, or other issues arising out of or in connection with payment transactions processed through third-party payment gateway providers, built-in bank transfer methods, and all offline methods of payment. Dormy shall not be held responsible for any inaccuracies, unauthorized transactions, or failures in payment processing, including but not limited to failures due to technical difficulties, banking errors, or third-party service disruptions. Users of the Platform acknowledge and agree that any payment-related issues are the sole responsibility of the respective payment gateway providers and financial institutions involved in the transaction. Dormy makes no warranties, express or implied, regarding the security, reliability, or functionality of the payment processing services, both automated and manual, provided by Dormy or any contracted third parties.

4.4.3. Agreements between Users of Our Platforms

Our Platform and Services allow property owners and managers (“Host”) to advertise properties to potential tenants (“Renters” or “Tenants”), collectively referred to as “Users”.

Users may use the Platform as a guest or registered user. Once you have discovered a property that suits your preferences, or once you have decided to list your property for advertising in the platform, you can write an inquiry and complete the booking process, which includes, but is not limited to, filling up of a rental application and/or booking form, which may include your Personal Information such as name, email address, phone number, and other information relevant to your stay. No payment details will be required at the application stage, and there is no commitment to rent a room and/or property.

We do not own, manage, or contract for any rental property listed on our Platform(s), and we will not be party to any agreement(s) between Users within the platform. It is your responsibility to review and agree to specific terms provided by the Host, including items relating to payments, cancellations, deposits, advances, and refunds; payments made within the Platform are subject to the terms of our Payments Policy. All aspects of a transaction arising out of a connection made within Our Platform(s), including but not limited to the quality, safety, conditions, habitability, legality of the properties advertised, and the ability of each User to enter into an agreement and/or transaction are solely the responsibility of each user. We do not represent, warrant, or negotiate on behalf of either Host or Renter using our platform. We encourage Users to take all such steps as necessary to assure and verify the identities of Users involved in your transactions, including the property details and any lease or tenancy agreements made in connection to or from the Platform. By providing your contact information on our platform, you agree to allow Dormy to contact you via email, call, or SMS for assistance or marketing purposes.

5. Content and Intellectual Property

5.1. User-Generated Content

As a user of the Services, you may have the opportunity to submit, post, or share content, including but not limited to property listings, reviews, messages, and advertisements (collectively, “User Content”). You retain all ownership rights to your User Content. By submitting User Content, you grant Dormy a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and sublicense such User Content in connection with the operation and promotion of the Services.

5.2. Intellectual Property

The trademarks, logos, and content displayed on the Services are the property of Krelio Technologies Inc. and its licensors. You are granted a limited, non-exclusive, and non-transferable license to access and use the Services solely for personal and non-commercial purposes. You must not modify, reproduce, distribute, or create derivative works based on the Services' content without prior written consent from Dormy.

6. Data Use and Privacy

6.1. Data Collection and Use

Dormy PH collects and processes personal information in accordance with its Privacy Policy, which can be found on our platforms. By using Dormy PH, you consent to the collection, use, and sharing of your personal information as described in the Privacy Policy.

6.2. Cookies

Dormy PH uses cookies and similar tracking technologies to enhance your user experience and improve our services. By using our platforms, you consent to the use of cookies in accordance with our Cookie Policy.

7. Cancellations, Reservation Issues, Refunds, and Booking Modifications

7.1. Cancellations, Reservation Issues, and Refunds

If you cancel a reservation, the refund amount is determined by the Host's cancellation policy with due reference to the Dormy Cancellation Policy. If the Host cancels, or you experience a reservation issue, you may be eligible for rebooking assistance or a partial/full refund.

7.2. Booking Modifications

Guests and Hosts are responsible for any booking modifications agreed to via Dormy PH and must pay any additional amounts, fees, or taxes associated with the modification.

8. Responsibilities and Assumption of Risk

8.1. Your Responsibilities

You are responsible for your actions and omissions and those of anyone you invite to the property. You must leave the property and related areas in the condition they were in when you arrived, act with integrity, treat others with respect, and comply with all applicable laws at all times.

8.2. Assumption of Risk

You acknowledge that renting properties carries inherent risks and assume the entire risk arising from your access to and use of Dormy PH and any content, including your stay at any property, or your operation of a rental property.

9. Third-Party Services

Dormy PH may integrate with third-party service providers to enhance the user experience and offer additional features. While Dormy PH strives to partner with reputable and reliable third-party providers, users acknowledge and agree that Dormy PH is not responsible for the content, privacy practices, or actions of third-party providers. Users interact with third-party providers at their own risk, and any terms, conditions, warranties, or representations associated with such interactions are solely between the user and the third-party provider. Your interactions with these third parties are solely between you and them, and any terms, conditions, warranties, or representations associated with such interactions are solely the responsibility of the third parties.

10. Disclaimer of Warranties

The Services are provided on an “as-is” and “as-available” basis. Dormy makes no warranties or representations of any kind, express or implied, regarding the accuracy, completeness, reliability, or availability of the Services. Dormy disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Services is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Dormy and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Services or these Terms. In no event shall Dormy's total liability to you for all claims arising out of or in connection with the Services exceed the amount paid by you, if any, for accessing and using the Services during the six (6) months preceding the date of the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Dormy and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Termination

Dormy reserves the right to suspend or terminate your access to the Services at any time, for any reason, without prior notice or liability. Upon termination, your right to use the Services will cease immediately.

If you are a Host and your account is terminated, any confirmed booking(s) and/or active tenancies within the platform will be automatically cancelled, and you are entirely responsible for the renewal of, or continuation of any and all rental services provided to your tenants.

If you're a Renter and your account is terminated, any confirmed booking(s) prior to move-in are automatically cancelled, and any fees paid for the purpose of reserving rental properties hosted within the Dormy platform are subject to refund, depending on the terms of our Refund and Cancellation policy. You are entirely responsible for the renewal of, or continuation of any and all rental service provided to you by a host within the Dormy platform.

If your access to, or use of the Dormy platform has been limited, suspended, or terminated, you may not register a new account, or access the platform through an account of another member. In cases of account suspension, limitation, or termination, you are not entitled to the restoration of your account, or any of your content; you are not entitled to any compensation, both monetary and non-monetary, arising out of suspension, limitation, termination, or any other similar changes to your account.

14. Security Measures

Dormy PH employs robust security measures to protect the platform and user data from unauthorized access, misuse, or disclosure. These measures include encryption, firewalls, regular security audits, and staff training on data security best practices. While Dormy PH endeavours to maintain the highest standards of security, users acknowledge that no system can be entirely foolproof, and by using the Services, users accept the inherent risks associated with online transactions and data storage.

15. Modification of Terms

Dormy PH reserves the right to modify or update these Terms at any time. We will notify users of any significant changes to the Terms via email, blogs, social media platforms, or through the platform's notification system. By continuing to use the Services after the posting of changes, users acknowledge to have accepted the modified Terms.

16. Security Measures

16.1. Dispute Resolution with Dormy

In the event of any dispute arising under or in connection with these Terms, Dormy PH and the user agree to first attempt to resolve the dispute amicably through good-faith negotiations. If a resolution cannot be reached, both parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator. If mediation is unsuccessful, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the PDRCI Arbitration Rules in force at the time of the commencement of the arbitration.

16.2. Dispute Resolution Between Users

In the event of any dispute, claim, or controversy arising between Users (i.e., Renter-to-Host dispute), out of or relating to the use of the Dormy platform ("Dispute"), the parties involved agree to first attempt to resolve the matter amicably through Dormy's internal mediation process, as provided hereunder:

16.2.1. Initial Resolution

Users are encouraged to contact Dormy's customer support team to report and discuss any issues or concerns. Dormy's support team will make reasonable efforts to assist in resolving the matter promptly and efficiently.

16.2.2. Mediation

If the Dispute cannot be resolved through initial resolution, Hosts and Renters agree to participate in a formal mediation process facilitated by Dormy. Both Parties must engage in good faith efforts to resolve the Dispute through mediation before pursuing any legal remedies.

16.2.2.1. Mediation Process

Either party may initiate mediation by providing written notice to Dormy.
Dormy will appoint a neutral mediator to facilitate discussions between the parties.
The mediation will be conducted virtually unless otherwise agreed upon by all parties.
Any information shared during the mediation process will remain confidential and will not be admissible in any subsequent legal proceedings.
The costs of mediation, including mediator fees, shall be borne equally by both parties unless otherwise agreed. Dormy shall not be responsible for paying any mediator fees or related charges thereof.
Dormy may opt to charge additional fees equally against both parties for its participation in the referral to a mediation process.

16.2.3. Good Faith Efforts

Both parties agree to cooperate and participate in the mediation process in good faith. The aim is to reach a mutually acceptable resolution without further legal action. Mediation should be initiated within 30 days of notice and concluded within 60 days unless extended by mutual agreement.

16.2.4. Liability Limitation

Dormy acts solely as a facilitator in the mediation process and does not assume any liability for the outcome of the mediation.
Dormy, including its officers, directors, employees, agents, and affiliates, shall not be held liable for any damages, losses, or expenses arising from or in connection with the mediation process.
By agreeing to this dispute resolution clause, users acknowledge and agree that Dormy's role is limited to providing a platform for mediation and that Dormy is not responsible for any agreements or resolutions reached by the parties.

16.2.5. Enforceability

Any agreements reached during mediation shall be documented in writing and, if agreed upon by both parties, shall be legally binding and enforceable.

16.2.6. Legal Recourse

If the Dispute remains unresolved after mediation, either party may pursue legal remedies. However, participation in the mediation process is a recommended prerequisite to any legal action.

16.2.7. Governing Law and Jurisdiction

This dispute resolution clause shall be governed by and construed in accordance with the laws of the Philippines. Any legal proceedings arising out of this clause shall be subject to the exclusive jurisdiction of the courts located in the City of Makati, Philippines.

By using the Dormy platform, you agree to the terms of this dispute resolution, including the limitation of any and all liability for Dormy.

17. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflicts of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the City of Makati, Philippines.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Dormy regarding the subject matter herein and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.

20. Contact Information

For any questions or concerns regarding these Terms or the Services, you can contact us at:

Krelio Technologies Inc.

Mezzanine Floor 5048 P. Burgos Street

Brgy. Poblacion, Makati City

Metro Manila 1210, Philippines

Group Email: [email protected]

Thank you for using Dormy! We hope you have a great experience finding your perfect home or connecting with reliable tenants and businesses through our platform.

Effective Date: 14th January 2025

Last Updated: 13th January 2025