Legal & Policies

Effective Date: January 27, 2025
Last Updated: January 27, 2025

1. Acceptance of Terms

By accessing or using the services provided by Tiny House Agency Pty Ltd ("THA," "we," "us," or "our") through our website, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our services.

2. Services Provided

THA offers various services, including:

• Marketplace Listing Services: Allowing users to list tiny homes for sale or rent on our platform for specified durations (Standard: 90 days, Featured: 90 days, Full Service: until sold).
• Buyer Agency Services: Providing professional assistance to buyers in acquiring tiny homes, including property search, due diligence, and negotiation support.
• Full Service Sales Representation: Offering comprehensive licensed agent representation for selling tiny homes, including marketing, viewings, negotiation, and settlement coordination.
• Other related consulting and advisory services as may be offered from time to time.

3. Payment Terms and Refund Policy

Payment Processing: All fees for services are clearly stated on our website. Payments are processed securely through third-party payment processors (Stripe). By purchasing a service, you agree to pay the applicable fees in full.

Refund Policy:

• Listing Services: All listing fees are non-refundable once your listing has been reviewed and published on our marketplace, except where required by Australian Consumer Law.
• Agency Services: Retainer fees are generally non-refundable once services commence, but may be credited against final commissions as specified in individual service agreements.
• Processing Time: Where refunds are provided, they will be processed within 5-7 business days to the original payment method.
• Consumer Guarantees: Nothing in these Terms limits your rights under Australian Consumer Law, including your right to a refund for major service failures.

4. Marketplace Listing Rules and Responsibilities

THA's Responsibilities:

• Provide the marketplace platform and listing management tools
• Review listings for compliance with content standards
• Process enquiries and facilitate buyer-seller communication
• Provide marketing exposure as specified in your chosen package

Seller's Responsibilities:

• Accurate Information: All listing content (text, images, pricing) must be accurate, truthful, and not misleading
• Legal Compliance: Ensure your property listing complies with all applicable laws and regulations
• Enquiry Response: Respond to legitimate buyer enquiries in a timely and professional manner
• Property Access: Make reasonable arrangements for property inspections when requested by serious buyers

Important Limitations: THA does not guarantee the sale or rental of any listed property. Our services are limited to providing a marketplace platform and marketing exposure. THA is not responsible for the accuracy of seller-provided information, property condition, or the outcome of any transactions between buyers and sellers.

5. Agency and Consultancy Service Terms

Service Scope for Buyer Agency Services:

• Property search assistance and market analysis
• Supplier vetting and recommendations
• Contract review and negotiation support
• Project management and coordination
• Access to builder-direct pricing through our network

Service Scope for Full Service Sales Representation:

• Licensed agent representation and fiduciary duty
• Professional photography and marketing campaigns
• Buyer management and property showings
• Price negotiation and contract management
• Settlement coordination and legal compliance

Client Responsibilities:

• Provide accurate and complete information about your requirements or property
• Respond promptly to agent communications and requests
• Make reasonable efforts to cooperate with the agreed service process
• Pay all agreed fees and commissions as per the service agreement

No Guarantee of Outcome: While THA provides professional advice and representation, we do not guarantee the purchase or sale of any property, specific financial outcomes, or particular timeframes for completion. Property markets are subject to various factors beyond our control.

6. User Accounts and Responsibilities

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Users must provide accurate and complete information and promptly update any changes to their contact details or circumstances.

7. Intellectual Property

All content on the THA website, including text, graphics, logos, and software, is the property of THA or its content suppliers and protected by Australian and international copyright laws. Users retain ownership of content they upload but grant THA a licence to use such content for marketing and platform operation purposes.

8. Limitation of Liability

To the maximum extent permitted by law, THA's liability for any claim relating to these Terms or our services is limited to the amount you paid for the specific service giving rise to the claim. THA shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

9. Australian Consumer Law Acknowledgment

Consumer Guarantees: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These include:

• Services will be provided with due care and skill
• Services will be fit for the particular purpose you made known to us
• Services will be provided within a reasonable time

Remedies: For major failures with our services, you are entitled to cancel the service contract and obtain a refund, or to receive compensation for the drop in value. For minor failures, you are entitled to have the service rectified in a reasonable time. If this is not done, you can cancel the contract and obtain a refund for the unused portion.

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason including breach of these Terms. Upon termination, your right to use the services will cease immediately, though any outstanding payment obligations will survive termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Queensland, Australia. Any disputes arising out of or relating to these Terms or the services shall first be addressed through good faith negotiation.

If a resolution cannot be reached within 30 days, the parties agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. For disputes under $25,000, parties may choose to resolve the matter through the Queensland Civil and Administrative Tribunal (QCAT) or equivalent alternative dispute resolution process.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes affecting paid services, we will provide 30 days' notice via email. Your continued use of the services after such modifications will constitute your acknowledgment of the modified Terms.

13. Contact Information

For any questions regarding these Terms, please contact us at: