Last Updated: October 10, 2022
Tiny Easy Terms and Conditions
Here at Tiny Easy, we’ve made it our mission to help make building your tiny home easy. We have spent thousands of hours condensing all of our knowledge into our products, and want you to be confident that our materials will help you build your tiny home. To make sure this is the case, please read these terms and conditions carefully before using our service.
DISCLAIMER: Content made available on www.tinyeasy.co.nz is for general information purposes only. Although all Materials have been drafted by a team of knowledgeable design experts and regularly undergo reviews and updates, Materials are created for a large range of users from many different countries that all have different laws and requirements for tiny homes. Accordingly, the information contained in the Materials does not constitute architectural advice, nor are they a substitute for architectural advice. Furthermore, any assistance and customer support provided by us does not establish an architect-client relationship. Tiny Easy cannot guarantee the Materials will be compliant with any applicable law in your jurisdiction. Our Materials are intended to provide ideas and inspiration, but you cannot rely on the Materials for your tiny home project — you must seek advice from engineers, licensed building practitioners, and/or architects in your country. Before purchasing any Materials it is your sole responsibility to determine the legal requirements and restrictions attached to tiny homes in your country and any compliance issues that you might encounter.
Interpretation and Definitions
1.1 The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 In these Terms and Conditions, a reference to a statute or statute provision includes:
(a) That statute or provision as modified, consolidated and/or re-enacted from time to time; and
(b) Any subordinate legislation made under that statute or provision.
1.3 The clause headings are intended as an aid to reading and do not affect the interpretation or construction of these Terms and Conditions.
1.4 These terms shall be given a fair, large and liberal interpretation to the fullest extent permitted by law and shall not be construed against us.
For the purposes of these Terms and Conditions:
“Tiny Easy”, “we”, “us”, and “our” means Tiny Easy Limited, a limited liability privately held company incorporated in New Zealand (NZBN 9429048317153), its successors and assigns or any person acting on behalf of and with the authority of Tiny Easy Limited.
“Confidential Information” means information that is or has been disclosed by one party to the other, but does not include any information that is:
on receipt, in the public domain, or that subsequently enters the public domain without any breach of this Agreement;
on receipt, already known by the party receiving it;
at any time after the date of receipt, received in good faith from a third party; and
required by law to be disclosed.
“Device” means any device that can access the service such as a computer, a cellphone or a digital tablet.
“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967 and 'Intellectual Property’ has a corresponding meaning.
“Materials” refer to any digital content available for purchase, for free download, or otherwise provided by Tiny Easy including but not limited pdfs, texts, and images unless otherwise specified.
“3DTHD” refers to any Materials labelled “3d tiny house designer” on the Website.
“Personal Information” means information about an identifiable, living person
“Premium Package” refers to any product labelled “premium package” or “i-want-it-all package” or “tiny house plans” or “all designs bundle” on the Website.
“Terms and Conditions” and “Agreement” and “Terms” mean these Terms and Conditions that form the Agreement between you and Tiny Easy regarding the use of the Materials.
“Third-party sites” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available on the Website.
“Website” refers to our website, accessible from www.tinyeasy.co.nz.
“You”, “your” and “yours” means the individual, company, or other legal entity on behalf of which an individual is accessing or using the Materials and/or the Website.
3. Acknowledgement and Acceptance
3.1 You are deemed to have accepted and be immediately bound by these terms and conditions by accessing the Website on any Device or accessing any Materials, applications, features, technologies, software, content, functionality, and services offered by Tiny Easy or that Tiny Easy may offer in the future.
3.2 You are required to accept and will therefore be immediately bound by these terms and conditions when you place an order for any Materials from our Website.
3.3 The Website and/or Materials may contain links to Third-Party sites. We assume no responsibility for the content, privacy policies, or practices of any Third-Party sites.
3.4 You acknowledge and agree that Tiny Easy shall not be responsible or liable, directly or indirectly, for any damage or loss caused by any use or reliance on content available through third-party sites.
4. Fees & Payment Processing
4.1 You agree to pay us the fee indicated in the online shopping cart. Unless otherwise stated, the price does not include GST. Where relevant you must pay GST, without deduction, at the same time you pay the price.
4.2 If any payment methods are declined by the online payment processor, you will be required to provide a new eligible payment method before receiving access to the Materials.
4.3 If you have been given access to the Materials and a payment method is subsequently declined, we reserve the right to collect any and all outstanding receivables.
4.4 If you owe us any money you shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our collection agency costs, and bank dishonour fees).
4.5 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under this Agreement we may suspend or terminate the provision of Materials to you. We will not be liable to you for any loss or damage you suffer because we have exercised our rights under this clause.
5.1 We may terminate or suspend your access to the Materials immediately and without notice for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
5.2 Upon termination, your right to use the Materials will cease immediately. All the provisions of this Agreement intended to survive termination will continue to have effect.
6. Limitation of liability
6.1 The Materials are only intended as inspiration to you and any use of the Materials is at your own risk.
6.2 If you build or construct anything based on the Materials you accept responsibility for having the required knowledge, skill, and qualifications (as required in your jurisdiction), or for engaging people with the required knowledge, skill, and qualifications to execute the construction.
6.3 It is entirely your responsibility to check all dimensions and details, ensure compliance with local statutes, and review all structural, mechanical, and electrical requirements prior to construction.
6.4 To the maximum extent permitted by law:
(a) you access and use the Materials and/or Website at your own risk; and
(b) we are not liable or responsible to you or any other person for any loss under or in connection with these Terms and Conditions, the Materials, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
6.5 Except to the extent permitted by law, nothing in these Terms and Conditions has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the amount paid by you in acquiring the Materials.
6.6 To the maximum extent permitted by law and only to the extent clauses 6.4(a) and 6.4(b) of these Terms and Conditions do not apply, our total liability to you under or in connection with these Terms and Conditions, or in connection with the Website, or your access and use of (or inability to access or use) the Website, does not exceed the amount paid by you in acquiring the Materials.
7. Privacy and Cookies Policy
7.2 We comply with the New Zealand Privacy Act 2020 (“the Act”) when handling Personal Information. This policy does not limit or exclude any of your rights under the Act. If you would like further information on the Act, see www.privacy.org.nz.
7. Privacy and Cookies Policy
7.2 We comply with the New Zealand Privacy Act 2020 (“the Act”) when handling Personal Information. This policy does not limit or exclude any of your rights under the Act. If you would like further information on the Act, see www.privacy.org.nz.
8. Refund policy
8.1 Any purchase of a Premium Package comes with the following 365-day satisfaction guarantee.
8.1.2 If you purchase a Premium Package, read all the plans and guides, start building your tiny home on wheels, and find our Premium Package did not make the process easier and seek a refund within the first year (365 days) we will provide a full refund of the cost of the Materials. In order to qualify for a refund, you must:
(a) Have read all the plans and guides in the package in their entirety;
(b) Email us within the first year from the purchase date; and
(c) Include the required refund questionnaire with your request for a refund. We will provide you with the refund questionnaire on request at firstname.lastname@example.org
8.1.3. The 365-day satisfaction guarantee does not provide a refund if you change your mind or due to your error in selecting or understanding the product. Any refund request related to your choice of Materials or error will not be granted.
8.1.4. We retain sole discretion as to whether to grant or deny the refund request based on the above criteria.
8.2 Paid subscription fees for use of the 3DTHD digital content are non-refundable, except for the case when the delivered digital content is proven to be defective or is under subject of an early access guarantee.
8.2.1 The delivery of digital content (such as in-app items) starts at the moment when the digital content is added or enabled on your 3DTHD account or otherwise is made accessible to you.
8.2.2 Therefore, you do not have a right to withdraw from a transaction or obtain a refund once delivery of digital content (virtual items) has started, at this point your transaction is final.
8.2.3 We are putting every effort to enhance the functionality of 3DTHD and offering you a great product. However, if the digital content you’ve purchased from us is found to be defective, please contact us at email@example.com within 14 days of the purchase date, providing the following details:
Date of transaction;
Type of subscription (i.e., yearly, monthly etc.);
Description of the defect (you can add screenshots or other material showing the manner in which the content is defective).
8.2.4 We will examine your case and will do our best to remedy the defect if it occurred due to the reasons attributable to Tiny Easy. If a confirmed defect cannot be promptly rectified by us, we will offer you a refund.
8.2.5 Once your refund is approved, you will permanently lose access to the content. Refunds from Tiny Easy are made to the account used to make the original purchase. We may deny any refund if it fails to meet our refund criteria stated above.
8.2.6 Please note that Tiny Easy is not responsible for lost, delayed, or misdirected email, for downloading, or other communication system delays, and other issues which arise on the side of the user or any third party due to which the product may not work properly.
8.2.7 Any purchase of a pre-ordered premium version of the 3DTHD comes with the following pre-order money-back guarantee.
126.96.36.199 If you subscribe to the premium version of the 3DTHD before 24/June/2022 you can claim a full refund of your subscription fees. In order to qualify you must:
(a) Use the 3DTHD premium version for at least 30 minutes.
(b) Request a full refund of the 3DTHD premium version subscription fees before 01/July/2022 in writing via e-mail to firstname.lastname@example.org
(c) In the e-mail state the reason why you decided to request a refund and why the 3DTHD premium version did not meet your expectations.
188.8.131.52 We retain sole discretion as to whether to grant or deny the refund request based on the above criteria.
8.3 There are no refunds or exchanges available for any reasons for any Materials other than Premium Packages or in the cases mentioned above for the 3DTHD. In the event we provide a refund our Agreement with you will terminate and your rights to use the Materials will terminate in accordance with clause
9.1 The provisions of these Terms and Conditions are strictly confidential to the parties. Neither party may disclose or permit to be disclosed any provision of, or any information (and particularly any financial information) relating to the contract the subject of these Terms and Conditions to any person not a party to them without first obtaining the written consent of the other party as to both the person to whom disclosure is to be made and the terms of such disclosure.
10. Intellectual Property
10.1 We own all proprietary and intellectual property rights in the Materials and the Website together with third parties and licensors of the material (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel).
10.2 To the extent that we develop or create any intellectual property as the result of providing the Materials, we shall retain ownership of all the rights in that intellectual property and any commercial applications thereof.
10.3 The rights to intellectual property as set out in this clause 10 shall not limit our confidentiality obligations as provided by clause 9.
11.1 By purchasing the Materials through the website, or by entering into an agreement to purchase the Materials, Tiny Easy grants to you a limited, one-time, non-exclusive licence to use the Materials unless otherwise specified.
11.2 You acknowledge and agree that any licence granted to you pursuant to clause 11.1 does not entitle you to sub-licence the Materials, or to assign or on-sell this licence.
11.3 You acknowledge and agree that any licence granted to you pursuant to clause 11.1 does not entitle you to use the license for a commercial project or use the license more than once, for example to build multiple copies of the same tiny home.
11.4 If you wish to use the Materials again you must purchase them again through the Website, or enter into a new agreement to purchase them.
11.5 Purchasing the Materials entitles you to:
(a) Build one tiny home for your personal use, based on the Materials; and
(b) Modify the Materials for your personal use, ensuring your total compliance with all relevant statutes, rules and regulations. Any modification of the Materials by you does not limit or alter our proprietary and intellectual property rights in the Materials as set out in clause 10.
(c) Retain a single copy of the Materials upon completion of your project in a passive electronic form, for example a PDF document.
11.6 The terms contained in this clause 11 are essential terms of this Agreement. Your breach of any provision herein shall be deemed a fundamental breach entitling us to immediately terminate this Agreement.
12.4.2 Any use of the 3DTHD or 3DTHDMaterials not expressly permitted by these Terms constitutes a breach of these Terms, and may violate copyright, trademark, or other laws. If You copy, modify, download, or otherwise use or provide any other person with access to any part of the 3DTHD other than as allowed by the Permitted Uses, or violate these Terms in any other way, Your right to use the 3DTHD will terminate immediately, and You must, at Our option and without limiting Our other rights or remedies, return or destroy any copies of the 3DTHDMaterials You have made.
12.5.1 Tiny Easy offers certain paid 3DTHD versions through www.tinyeasy.co.nz (“Subscription(s)”).
184.108.40.206 Tiny Easy also offers a paid 3DTHD Business Suite (“Business Suite(s)”) version through an offer made directly to you by Tiny Easy intended for commercial use.
All Subscription prices are subject to change without notice. The price charged for 3DTHD will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Business Suite Subscription prices are subject to change after orders placed at renewal at either monthly or yearly intervals and will be communicated in writing by Tiny Easy ahead of a renewal. We are not responsible for pricing, typographical, or other errors in any offer by Us and We reserve the right to cancel any orders arising from such errors.
12.5.3 Payment terms.
Terms of payment are within Our sole discretion. If You wish to buy a Subscription, You shall provide us with valid payment information, including, without limitation, Your payment card information if You choose to pay by card (e.g. card number, card expiration date, CVV/CVC code) and Your account information. You represent and warrant that (i) the credit card or other payment information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by You will be honoured by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes if any. By submitting such payment information, You automatically authorize Tiny Easy to charge all Subscription fees incurred through Your account to any such payment instruments.
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, Your Subscription will automatically renew under the same conditions unless You cancel it or Tiny Easy cancels it. You may cancel Your Subscription renewal through Your account page or by contacting Tiny Easy.
Except when required by law, paid Subscription fees are non-refundable unless otherwise specified. For more information please read 8. Refund Policy.
12.6 RIGHTS TO USER CONTRIBUTIONS
12.6.1 User Contributions and Uploaded Images.“User Contribution” refers to any virtual room, virtual tiny house, furniture array, floor plan, or other two-dimensional or three-dimensional scene, arrangement, representation, or image You create using the 3DTHD if You did NOT obtain a Business Suite Subscription. User Contributions include, without limitation, any images of textures, architectural drawings, or other images You upload to the 3DTHD (any “Uploaded Image”), as well as any modified version of 3DTHDMaterials that You create. You understand and agree that any User Contribution, including without limitation incorporated Uploaded Images, that You create, post, submit, publish, display, or transmit will be considered non-confidential.
12.6.3 License and Backup License You also grant Tiny Easy a nonexclusive, perpetual, irrevocable, royalty-free worldwide license to reproduce, modify, publicly display, publicly perform, and distribute any textures, images, comments, descriptions, or other text that You upload to the Tiny Easy website.To the extent, if any, that Section 12.6.2 above (Assignment) does not provide Tiny Easy with all right, title and interest in and to User Contributions or Prior Contributions, You hereby grant Tiny Easy a nonexclusive, perpetual, irrevocable, fully-paid, royalty-free, worldwide license, effective as of the date of creation, to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import such User Contribution, Prior Contribution or Prior Uploaded Image, with the right to sublicense and transfer each and every such right, in any medium now known or hereafter developed.
12.6.4 Representation & Warranties regarding User Contributions
You represent and warrant that:
You: (a) own all right, title, and interest in and to each Uploaded Image or (b) You have received a valid license to each Uploaded Image, granting you rights sufficient to grant the license thereto set forth above in Section 2.3 (Backup License), without the further consent of any person or entity.
You own all right, title, and interest in and to all other components of each User Contribution, except 3DTHDMaterials owned by Tiny Easy.
All User Contributions do and will comply with these Terms.
You (a) own all right, title, and interest in and to each Prior Uploaded Image or (b) You have received a valid license to each Prior Uploaded Image, granting you rights sufficient to grant the license thereto set forth above in Section 2.3 (Backup License), without the further consent of any person or entity.
You understand, acknowledge, and agree that: (a) You are responsible for any User Contributions You submit or contribute; (b) You, not Tiny Easy, have full responsibility and liability for such content, including its legality, reliability, accuracy, and appropriateness; and (c) Tiny Easy is not responsible or liable to any third party for the content or accuracy of any User Contribution or any other user of the 3DTHD.
12.6.5 Business User Contributions and Uploaded Images.“Business User Contribution” refers to any virtual room, virtual tiny house, furniture array, floor plan, or other two-dimensional or three-dimensional scene, arrangement, representation, or image You create using the 3DTHD if you HAVE obtained a Business Suite Subscription. Business User Contributions include, without limitation, any images of textures, architectural drawings, or other images You upload to the 3DTHD (any “Uploaded Image”), as well as any modified version of 3DTHDMaterials that You create. You understand and agree that any Business User Contribution, including without limitation incorporated Uploaded Images, that You create, post, submit, publish, display, or transmit will be considered non-confidential.
12.6.6 Business User Contributions Assignment. Tiny Easy hereby grants You a nonexclusive, perpetual, royalty-free, non-assignable, non-sublicensable worldwide license to reproduce, modify, publicly display, and publicly perform Your Business User Contributions within or outside the 3DTHD. In addition to the restrictions of Section 12.13 (Disclaimer of Warranties), Tiny Easy makes no representation or warranty of any kind, express, implied, or statutory, with respect to such rights, including without limitation any such representation or warranty that the Business User Contributions will not infringe or misappropriate intellectual property rights, privacy rights, or other rights of third parties. You may use Your Business User Contributions to construct tiny homes for customers. You agree that you can not sell Your Business User Contributions for any other purpose than construcing tiny homes for Your cusomers within Your own facilities. For example, selling the PDF tiny house plans generated from Business User Contributions is not permitted unless otherwise agreed upon in writing by Tiny Easy.
12.6.7 Representation & Warranties regarding Business User Contributions
You represent and warrant that:
You: (a) own all right, title, and interest in and to each Business User Contribution or (b) You have received a valid license to each Business User Contribution. You own all right, title, and interest in and to all other components of each Business User Contribution, except 3DTHDMaterials owned by Tiny Easy.
All Business User Contributions do and will comply with these Terms.
You (a) own all right, title, and interest in and to each Prior Business User Contribution or (b) You have received a valid license to each Prior Business User Contribution, granting you rights sufficient to grant the license thereto set forth above in Section 2.3 (Backup License), without the further consent of any person or entity.
You understand, acknowledge, and agree that: (a) You are responsible for any Business User Contributions You submit or contribute; (b) You, not Tiny Easy, have full responsibility and liability for such content, including its legality, reliability, accuracy, and appropriateness; and (c) Tiny Easy is not responsible or liable to any third party for the content or accuracy of any Business User Contribution or any other user of the 3DTHD. (d) Your are responsible for providing any building warranty required of it under the relevant legislation (for example under the Building Act 2004 in New Zealand). (e) You shall contract separately with your customers for the construction of their tiny homes and Tiny Easy shall have no contractual obligation to the either party in relation to the construction agreement between the You and Your customers.
12.7.1 Confidential Information“Confidential Information” refers to the following items: (a) any document Tiny Easy marks “Confidential”; (b) any information Tiny Easy orally designates as “Confidential” at the time of disclosure, provided Tiny Easy confirms such designation in writing within 14 business days, as well as the following information whether or not marked or designated confidential: (c) all Tiny Easy source code; (d) all data files underlying the objects, virtual tiny homes and floor plans the 3DTHD allows users to create or manipulate as rendered images; (e) all URLs at which any of the foregoing are stored; and (d) any other nonpublic, sensitive information You should reasonably consider a trade secret or otherwise confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Your possession at the time of disclosure, without violation of any person’s or entity’s rights; (ii) is independently developed by You without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of an improper action or inaction; or (iv) is approved for release in writing by Tiny Easy. You are on notice that the Confidential Information may include Tiny Easy’s valuable trade secrets.
12.7.2 NondisclosureYou must not use Confidential Information for any purpose other than Your use of the 3DTHD (the “Purpose”). You: (a) must not disclose Confidential Information to any employee or contractor unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with You with terms no less restrictive than those of this Section 3; and (b) shall not disclose Confidential Information to any other third party without Tiny Easy’s prior written consent. Without limiting the generality of the foregoing, You shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. You must promptly notify Tiny Easy of any misuse or misappropriation of Confidential Information that comes to Your attention. Notwithstanding the foregoing, You may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. You must give Tiny Easy prompt notice of any such legal or governmental demand and reasonably cooperate with Tiny Easy, in any effort to seek a protective order or otherwise to contest such required disclosure.
12.7.3 Termination, Return, and Retention of RightsUpon termination of these Terms, You must return or destroy all copies of Confidential Information or, if Tiny Easy so requests, certify in writing the destruction thereof. These Terms do not transfer ownership of Confidential Information or grant a license thereto. Tiny Easy will retain all right, title, and interest in and to all Confidential Information.
12.8 ACCESSIBILITY OF THE 3DTHD
12.9 MONITORING AND ENFORCEMENT
12.9.1 Tiny Easy has the right to:
Remove or refuse to post any User Contributions or Business User Contributions for any or no reason in Our sole discretion.
Take any action with respect to any Business User Contributions that we deem necessary or appropriate in Our sole discretion, including if we believe that such Business User Contributions violates the Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the 3DTHD or the public, or could create liability for Tiny Easy.
Where permitted by applicable law, disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the 3DTHD.
12.9.2 Without limiting the foregoing, Tiny Easy and its affiliates, licensees, and service providers may cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting any 3DTHDMaterials on or through the 3DTHD under appropriate circumstances. YOU WAIVE AND HOLD HARMLESS TINY EASY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY SUCH COOPERATION OR FROM THE ACTS OR OMISSIONS OF LAW ENFORCEMENT AUTHORITIES.You understand and agree that: (a) Tiny Easy does not undertake to review all material before it is posted on the 3DTHD, and cannot ensure prompt removal of objectionable material after it has been posted; (b) Tiny Easy is not responsible or liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party; and (c) Tiny Easy has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 6.
12.10 ERROR REPORTING AND FEEDBACK
12.10.1 You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Our 3DTHD (“Feedback”). You acknowledge and agree that: (i) You shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback; (ii) Tiny Easy may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from You or any third party; and (iv) Tiny Easy is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, You grant Tiny Easy and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
12.11 RELIANCE ON INFORMATION POSTED
12.11.1 THE INFORMATION PRESENTED ON OR THROUGH THE 3DTHD IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. TINY EASY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. TINY EASY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH 3DTHDMaterials BY YOU OR ANY OTHER PERSON OR ENTITY.
12.11.2 The 3DTHD may include content provided by third parties, including 3DTHDMaterials provided by other users. All such content is solely the responsibility of the person or entity providing those 3DTHDMaterials. Tiny Easy is not responsible, or liable to You or any third party, for the content or accuracy of any 3DTHDMaterials provided by any third parties.
12.12 GEOGRAPHIC RESTRICTIONS
12.12.1 The owner of the 3DTHD is based in New Zealand. Tiny Easy makes no claims that the 3DTHD or any of its content is accessible or appropriate in any other country. Access to the 3DTHD may not be legal by certain persons or in certain countries. If You access the 3DTHD from outside of New Zealand. You do so on Your own initiative and are responsible for compliance with local laws.
12.13 DISCLAIMER OF WARRANTIES
12.13.1 You understand and agree that Tiny Easy does not guarantee or warrant that information available for downloading (if any) in connection with the 3DTHD will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to Our site for any reconstruction of any lost data.
12.13.2 TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE 3DTHD OR ANY ITEMS OBTAINED THROUGH THE 3DTHD OR TO YOUR DOWNLOADING OF ANY MATERIAL PROVIDED THROUGH THEM, OR ON ANY WEBSITE LINKED TO THEM.YOUR USE OF THE 3DTHD, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE 3DTHD IS AT YOUR OWN RISK. THE 3DTHD AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TINY EASY NOR ANY PERSON ASSOCIATED WITH TINY EASY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE 3DTHD. WITHOUT LIMITING THE FOREGOING, NEITHER TINY EASY NOR ANYONE ASSOCIATED WITH TINY EASY REPRESENTS OR WARRANTS THAT THE 3DTHD OR THEIR CONTENT OR ITEMS OBTAINED THROUGH THE 3DTHD WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE 3DTHD OR ANY ITEMS OBTAINED THROUGH THE 3DTHD WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, TINY EASY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TINY EASY HAS NO OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS, INCLUDING WITHOUT LIMITATION AGAINST CLAIMS RELATED TO PRODUCT LIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Disputes Resolution
13.1 We will endeavour, but will not be required, to resolve all disputes with you amicably. Provided that, if we cannot resolve a dispute, no proceedings will be issued in Court in respect of the dispute without the dispute first being mediated by a single mediator appointed by agreement between the parties and failing agreement and on the application of one of them, by the Chief Executive Officer for the time being of the Resolution Institute of New Zealand.
14. Governing Law
14.1 These Terms and your use of the Materials shall be governed under New Zealand law and be under the exclusive jurisdiction of the New Zealand courts.
14.2 Where relevant the parties shall comply with the provisions of all New Zealand statutes, regulations and bylaws of government, local and other public authorities that may be applicable to use of the Materials, including any occupational health and safety laws and any other relevant safety standards or legislation.
14.3 Your use of the Materials may also be subject to your particular jurisdiction’s local, state, or national laws, and/or international law. Your compliance with these laws is solely your responsibility.
15.1 These Terms and Conditions may have been translated. You agree that the original English text shall prevail in the case of a dispute.
15.2 Our failure to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
15.3 If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.4 We reserve the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which we post the change to our website.
15.5 We may freely assign our rights and obligations under this Agreement without your consent. You may not, without our prior written consent, assign, transfer, charge, license or otherwise dispose of or deal in any rights or obligations under this Agreement.
15.6 This Agreement is entered into for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement relating to this Agreement are not subject to the consent of any third party.
15.7 If you have any questions about these Terms and Conditions, you can contact us:
(a) By email: firstname.lastname@example.org
(b) By visiting this page on our website: https://www.tinyeasy.co.nz/contact