Terms and Conditions
These Terms and Conditions govern your use of the services to be provided by Tiny Home America. Please read them carefully. If you accept these Terms and Conditions, they apply to you and whichever service, or combination of services, you order from Tiny Home America.
We are Tiny Home America (“we”, “our”, “us”, “the site”, “Platform”, “Website”), an online marketplace for selling, renting, financing, and designing Tiny Homes in America.
By using or accessing this Website (whether as a guest or a registered user) you confirm your agreement to these Terms and Conditions. Your use of this Website is at all times subject to these Terms and Conditions (which form a legally binding contract between Tiny Home America and you) and all applicable laws. If you do not agree to these Terms and Conditions, do not use this Website.
Tiny Home America may revise these Terms and Conditions at any time by updating them, publishing them on the Website and notifying you by email at the email address which you have provided. You should check the Website from time to time to review the current Terms and Conditions.
Our Platform is an online marketplace for property sales, rentals, financing, and designing services. It enables private sellers, private landlords, estate agents and developers to advertise their properties for sale or to rent and provides a means for sellers, buyers, landlords and tenants to communicate with one another. Tiny Home America is not an estate agent and does not act as an estate agent.
Property advertising service (sales and letting).
Tiny Home America may remove your property advert from its site at its sole discretion, at any time.
We make no guarantees as to the prominence, or performance of any advertisement that we publish.
If you are considered to be non-resident by HMRC under The Non-Resident Landlords Scheme, you must comply with HMRC’s regulation under that scheme.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue TINY HOME AMERICA’ listings. You agree not to hold Tiny Home America responsible for any loss you may incur as a result of Tiny Home America taking this action.
We shall publish an advertisement for the property on the Website and our partners’ websites (“Partners’ Websites”). The list of websites on which your property is advertised is not contractual and may vary at any time. Tiny Home America, at its sole discretion, will publish your property advertising on any websites it deems to be suitable and may withdraw it at any time. We shall keep the advertisement activity on our Website until the property is sold or let until you remove the advertisement, or until you tell us to remove the advertisement. To ensure Our properties are showcased across the internet as fast as possible, you agree that We may use an automated feed system to send details of properties you list on this Website to Our carefully selected partners’ websites (“Partners’ Websites”).
We do not guarantee that any property you list on this Website will be displayed on Partners’ Websites and We are not responsible for any technical problems relating to Partners’ Websites. You acknowledge that your use of Partners’ Websites will be subject to the Terms and Conditions set out on the relevant Partners’ Website.
To the maximum extent permitted by law, We (including Our affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with Partners’ Websites, or in connection with the use, inability to use, or results of the use of Partners’ Websites, any websites linked to them and any materials posted on them. We do not limit liability for fraudulent misrepresentation or death and personal injury arising from Our negligence.
The only properties that We will distribute to property portals will be those advertised directly by sellers, landlords or estate agents on the Website. We may ask landlords for confirmation of ownership before We activate their property listing.
Listing your property is free, but in the future, we may charge a small fee for the leads that we send you through our marketplace. Today the cost per lead is USD 0. We may choose to increase this cost per lead in the future with the previous notification.
Fees will be payable in US Dollars via this Website as listed on this Website in respect of the relevant Services. We don’t save or store any of your credit card information. Our payments (if any) is done through PayPal. Credit card details are entered on a secured page and they are transferred using secure technology, SSL. The Site uses third party systems to take payment, such third parties are all PCI-DDS compliant and guarantee the security of the payments made online.
In respect of any posts, photographs/videos or documents submitted by you for publication, you confirm that you own full title to such details, documents and /or photographs and you agree to grant Us an irrevocable perpetual copyright license to use those materials.
In relation to property listings, note that you cannot use photographs from an estate or letting agent’s particulars without their express permission – it is your responsibility to ensure you have copyright over any materials supplied to Us for publication on your behalf and you agree to indemnify Us.
Photographs, images, descriptions and all other content published on this Site are the copyright of Tiny Home America and may NOT be copied from this Site or reproduced in any other advertisement or marketing, without our written consent.
You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Site.
Registration with Tiny Home America
To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an e-mail containing your account ID.
Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete
By registering with the service, you agree that we can send you emails about your account, and other services from Tiny Home America.
You accept sole responsibility for all use of your account and for keeping secret any account ID and password that may have been given to you or chosen by you, for use on this Site. You will notify us immediately of any unauthorised use of your account or any other breach of security on this Site of which you become aware
Tenant Referencing service
At a landlord’s request, we can provide a tenant referencing service via one of our referencing partners; although this is designed to help our users make a more informed decision, we similarly cannot provide any guarantee regarding the integrity of the information supplied, or the users being referenced.
You explicitly and irrevocably consent that we share all relevant information with our partners, including your personal details and the details provided to us by you and/or your tenants.
This service is carried out by one of our partners and you agree to use the result of the tenant referencing at your own risk.
You will be supplied with the Terms & Conditions by our referencing partner. By using their services, you are deemed to have accepted their terms and conditions. You may be offered additional services or products by our partners. Each of them will be subject to individual Terms & Conditions
Assured Shorthold Tenancy Agreement
Tiny Home America’ relationship to all documents completed using the service is that of a trusted, disinterested third party. Accordingly, Tiny Home America disclaims any representations of any kind regarding the documents that pass through the service. You are responsible for recognizing the parties of interest in all transactions you complete using the service and assessing all associated risks.
You expressly understand and agree that Tiny Home America shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tiny Home America has been advised of the possibility thereof), and including damages resulting from (i) any document or transaction sent through the service; (ii) the use or inability to use the service, including errors, interruptions or delays; (iii) unauthorized access to, or alteration of, your documents or transmissions; or (iv) any other matter relating to the service.
Since the services we offer are non-tangible and irrevocable, we cannot issue refunds after a listing or reference is commenced, except at our sole discretion, for example, when a lead is not valid. We are committed to our customers and will make our best efforts to help you if you are not fully satisfied when using our paid services.
We reserve the right not to refund Tiny Home America´s users for any fees paid through the use of our sites, services, applications and tools in the following cases:
- If you breach, in our opinion, these Terms and Conditions.
- If your ads went live with exposure on the Tiny Home America sites, services, applications, or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- If your ads are placed into “Hide” mode and will go live to site once updated by you;
- If you have removed your ads yourself;
- If you post duplicate ads as defined in our rules regarding duplicate ads;
Please note that the above list is not exhaustive.
If you, or the landlord you represent, are a lessee under a superior lease, you warrant that the term of that superior lease extends beyond the term under the tenancy agreement and that any necessary consents to let the property have been obtained;
You, or the landlord you represent, have notified your insurance company of your intention to let the property and have obtained the insurer’s agreement to extend the insurance cover on the property and its contents to cover the change in circumstances;
if you, or the landlord you represent, are a joint owner of the property, you have ensured that all the owners of the property are named in the tenancy agreement and that you are authorised to give instructions on their behalf; and
if the property is subject to a mortgage, the landlord(s) have obtained the mortgagee’s written consent to any proposed letting.
It is entirely your responsibility to make sure that all personal and property particulars held by Us are correct. We are not responsible for any miss-descriptions that have been provided by you.
If you are a landlord, you may not upload any corporate or other logos, image or brand identifier to your property description or include the same in any image you submit to Us. Similarly, you must not include your phone number, website address or email address to your property description.
Property descriptions must include a minimum of one useable photograph of the relevant property and a written description of no less than 100 words.
You may not use tenant enquiries acquired via the Site to generate interest or further enquiries by any means or method for properties not listed on the Site by the landlord. Tiny Home America reserve the right, at our absolute discretion, to de-list an offending landlord’s properties from the Site without offering a refund.
If a user reports a miss-description in your property listing, we reserve the right to remove the relevant listing from this Website and to contact you to request confirmation that the advert is correct. Upon receipt of such confirmation, we will decide, at our sole discretion, whether to re-instate your advert. No refund will be payable to you where your advert is removed in accordance with this process.
You warrant that you own, or that you are acting on the behalf of the legal owner of, the property which you are instructing Tiny Home America to advertise.
You shall provide us with proof of identification and proof of ownership of the property to our satisfaction. We may require you to provide Us with additional information to enable us to obtain sufficient proof of your identity by electronic means. Tiny Home America has partnered with third parties to provide enhanced security to its site for its users. By submitting your details and a property advert on our Site, you irrevocably consent that we transmit the information you have provided to us to third parties to allow us to verify your identity and that you are the legal owner of the property you wish to advertise on our site. If you act on the behalf of the legal owner, you must provide us with all contact details of the landlord or legal owner. We will contact the legal owner to obtain its consent before publishing the property on our site. We may, at our sole discretion, decide to publish your property advertising.
You consent that we communicate all your details and the details of the property you are advertising with us to third parties to verify that you are the legal owner, or that you are acting on the behalf of the legal owner.
Your Legal Obligations
Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended) – You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times.
The Electrical Equipment (Safety) Regulations 1994 – You warrant that all furniture and furnishings in the property shall comply with the regulations above at all times. You shall ensure that the electrical installation and all electrical appliances within the property are maintained in good order and regularly checked for safety by an appropriately registered engineer.
The Gas Safety (Installation & Use) Regulations 1998 – You warrant that all furniture and furnishings in the property shall comply with the above regulations at all times. You shall ensure that any gas appliances and gas supply into the property are maintained in good order and checked for safety at least every 12 months, by a Gas Safe registered engineer.
Smoke and Carbon Monoxide Alarm (England) Regulations 2015 – You warrant that you have complied with the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 in respect of the property.
Energy Performance Certificate (EPC) – You warrant that there is a valid EPC in respect of the property or that you have requested in writing that TINY HOME AMERICA obtain one on your behalf.
Local Authority Licences – You warrant that you have obtained all licences, consents and permissions from the relevant local authority to enable you to let the property including planning permissions, building regulations consents and/or licences for multiple occupations under The Housing Act 2004.
Tiny Home America shall not provide any Services in relation to a property where it discovers that you do not have the necessary licenses, consents and/or permissions, or if you fail to provide evidence of such licenses, consents and/or permissions when asked by Tiny Home America. If we are made aware that you do not have the requisite licenses, consents and/or permissions in respect of the property, we reserve the right to inform the relevant local authority and/or existing or potential tenants.
Legal Disclaimer and Limitation of Liability
Except where provided elsewhere in these Terms and Conditions, to the maximum extent permitted by law, we (including our affiliates, officers, directors, agents, subcontractors and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any liabilities, damages or losses (whether direct, indirect, consequential, special or otherwise) incurred or suffered by you or any third party in connection with this site, or in connection with the use, inability to use, or results of the use of this site, any sites linked to it and any materials posted on it.
In no event do we accept liability of any description, for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the viewing, use or performance of this Site or its contents. The pages contained in this Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept neither responsibility for keeping the information in these pages up to date, nor liability for any failure to do so.
Links to Other Sites
Tiny Home America has provided links including Facebook, Google, Pinterest and pointers to websites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Conditions of Posting
As a condition of your use of the Site you agree that you will not:
- post or transmit any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights, or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder.
- post or transmit any material of any kind which contains a virus or any other harmful component
The content on our partners’ site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on their site.
Jurisdiction and Choice of Law.
These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
You agree to indemnify, defend and hold Us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any claims or demands, made by any third party due to, or arising out of, your use of the services, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other rights of any other person or entity.
Last updated on Dec 09 2020.