Terms Of Service

Terms Of Service

The gist:
We (the folks at Tiny Real Estate) run this site and would love for you to use it.  This site, blog and related services are designed to be useful, educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful.  Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).

Also a big thanks to the good guys at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service.

Terms of Service:
The following terms and conditions govern all use of the tinyrealestate.com.au and tinyrealestate.co.nz websites and all content, services and products available at or through the websites. The Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tiny Real Estates Privacy Policy) and procedures that may be published from time to time on this Site by Tiny Real Estate (collectively, the “Agreement”). If you reside in the Australia, your agreement is with Tiny Real Estate Pty Ltd. (Australia), if you reside in New Zealand your agreement is with Tiny Real Estate Limited (New Zealand) and if you are outside of these countries, your agreement is with Tiny Real Estate Pty Ltd. (Australia) (each, “Tiny Real Estate” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tiny Real Estate, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 15, and service on the Website is only offered to users 15 years of age or older. If you are under 15 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 15 years of age or older.

1. Listing a Property For Sale. In order to list a property for sale on tinyrealestate.com.au and tinyrealestate.co.nz it must not have a total internal floor area in excess of 40 sq/m. If your property has a floor area greater than 40 sq/m and you still list your property for sale, Tiny Real Estate will take the necessary action to remove your listing and disable your account. Tiny Real Estate will have no obligation to provide a refund of any amounts previously paid.
2. Your Tiny Real Estate Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Tiny Real Estate of any unauthorized uses of your account or any other breaches of security. Tiny Real Estate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines. If you delete Content, Tiny Real Estate will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Tiny Real Estate has the right (though not the obligation) to, in Tiny Real Estates sole discretion (i) refuse or remove any content that, in Tiny Real Estates reasonable opinion, violates any Tiny Real Estates policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Tiny Real Estates sole discretion. Tiny Real Estate will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal.
   • General Terms. 
     Optional paid services and products such as premium membership, or products listed for sale are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Tiny Real Estate the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
   • Automatic Renewal. 
     Unless you notify Tiny Real Estate before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Profile section of your account.

4. Responsibility of Website Visitors. Tiny Real Estate has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tiny Real Estate does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tiny Real Estate disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which tinyrealestate.com.au and tinyrealestate.co.nz links, and that link to tinyrealestate.com.au and tinyrealestate.co.nz. Tiny Real Estate does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, Tiny Real Estate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tiny Real Estate disclaims any responsibility for any harm resulting from your use of any third party websites, web pages or links.
6. Copyright Infringement. As Tiny Real Estate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tinyrealestate.com.au and/or tinyrealestate.co.nz violates your copyright, you are encouraged to notify Tiny Real Estate in accordance with The Australian Copyright Act 1968. Tiny Real Estate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tiny Real Estate will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tiny Real Estate or others. In the case of such termination, Tiny Real Estate will have no obligation to provide a refund of any amounts previously paid to Tiny Real Estate.
7. Intellectual Property. This Agreement does not transfer from Tiny Real Estate to you any Tiny Real Estate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tiny Real Estate. Tiny Real Estate, tinyrealestate.com.au, tinyrealestate.co.nz, the Tiny Real Estate logo and all other trademarks, service marks, graphics and logos used in connection with Tiny Real Estate, or the Websites are trademarks or registered trademarks of Tiny Real Estate or Tiny Real Estates licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tiny Real Estate or third-party trademarks.
8. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using tinyrealestate.com.au and/or tinyrealestate.co.nz within the designated notice period. Your continued use of tinyrealestate.com.au and/or tinyrealestate.co.nz will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
9. Tiny Real Estate may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tinyrealestate.com.au and/or tinyrealestate.co.nz account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. Tiny Real Estate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tiny Real Estate nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will Tiny Real Estate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tiny Real Estate under this agreement during the twelve (12) month period prior to the cause of action. Tiny Real Estate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Tiny Real Estates Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. You agree to indemnify and hold harmless Tiny Real Estate, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
14. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
15. This Agreement constitutes the entire agreement between Tiny Real Estate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tiny Real Estate, or by the posting by Tiny Real Estate of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Australia, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, Western Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Perth, Western Australia in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tiny Real Estate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.