General conditions / disclaimer and privacy statement
What is TinyFindy for?
Tiny Houses are a rapidly emerging innovative housing movement in the Netherlands. The houses, in which the residents live from a conscious choice, are small (<50 m2 living space), sustainable (often as self-sufficient as possible), detached and intended for independent and permanent living. This site is set up for the sale and rental of Tiny Houses, land on which Tiny Houses can stand and products or services that apply to Tiny Houses. The site is not intended for (micro) apartments or houses for temporary residence, such as holiday homes.
General terms and conditions for the use of services, which are accessible via the website www.TinyFindy.nl
In these general terms and conditions of use the following terms have the following meanings:
- Offer: an offer placed on the website, in which Tiny Houses or plots, products or services are offered for Tiny Houses, both for sale and rental;
- TinyFindy®: the database, in which, among other things, all the Services displayed on the website and all the Services not displayed are stored;
- Services: the services offered by TinyFindy® to users, as mentioned, but not limited to the services in art. 2
- User: the natural or legal person who uses the services of TinyFindy®;
- Registered user: a user registered on the website, as described in art. 3 of the conditions
- Buyer / tenant: a user who concludes or wishes to conclude an agreement with a seller / landlord with regard to a Tiny House or land plot, product or service for a Tiny Houses offered for sale or for rent by the seller / landlord;
- Privacy statement: the statement by TinyFindy® to the user in which it is stated how the user’s data is stored and processed by or on behalf of TinyFindy®.
- Seller / landlord: a user who offers a Tiny House or plot of land, product or service for sale for Tiny Houses and / or concludes or wishes to conclude an agreement with a buyer;
- Conditions: the general conditions of use;
- Website: the website www.TinyFindy.nl
(1) These general terms and conditions apply to all legal relationships between TinyFindy® on the one hand and the user on the other. In addition, the requirements for drawing up the offer as well as our privacy statement apply.
(2) By visiting the website and / or using the information offered on the website and / or supplying information for the purpose of placing an offer, the user agrees to the applicability of the conditions.
(3) TinyFindy® reserves the right to change or replace the conditions in whole or in part at any time. The user has the option to immediately terminate the services of TinyFindy®. If, after changing and / or replacing the conditions, the user chooses to (continue to) use the services of TinyFindy®, the changed conditions will then apply to the legal relationship between TinyFindy® and the user.
2 Services From TinyFindy
(1) TinyFindy® offers on the website a platform on which seller / landlords and buyers / tenants are brought into direct or indirect contact with each other. Users and other sellers / landlords can provide data to TinyFindy® via the menu “add offer”, which data by TinyFindy® will be automatically converted into an offer on the website under certain conditions. Users and other buyers / tenants can take notice of an offer on the website and enter into an agreement with the seller / lessor in response to this offer. TinyFindy® only has a facilitating role in the foregoing.
(2) TinyFindy® may contact registered users at the email address provided by them to inform them of:
The performance of the offer of the registered user.
Paid and free promotional opportunities to promote the performance of the offer of the registered user.
Alternative sales methods for the sale of the Tiny House or plot of land offered in the registered user’s offer.
(3) Users can access and use the information contained on the website for their own use.
(4) TinyFindy® never becomes a party to a legal relationship that is concluded or an agreement concluded between a seller / lessor and a Buyer / tenant by using the website and / or the information contained therein. If TinyFindy® points the user to an alternative sales method, this is only for suggestion. TinyFindy® is not responsible for the validity of this alternative sales method. TinyFindy® explicitly refers to the content of art. 8 of the conditions.
(5) The user cannot claim to retain certain services or parts thereof. TinyFindy® is at all times entitled to adjust and / or terminate its services.
3 Registration By The User
(1) The use of certain services of TinyFindy® requires the registration of the user on the website. Registration is only permitted for adult and fully legally competent users.
(2) When registering, the user must provide his username, name, address, telephone number, email address and password. The user must truthfully fill in the data on the registration form and immediately update the registered data in the event of (subsequent) changes. Each user is allowed to register with TinyFindy® only once. Registrations are not transferable and may only be used by the registered user.
(3) The username and password are the access data for the use of TinyFindy® registration services. The user must keep his password secret and may not pass it on to third parties. If third parties nevertheless become aware of the user’s password, the user must immediately report this to TinyFindy® and change the password.
(4) The personal data entered will be processed and stored by TinyFindy® in order to be able to trace an offer to one user and to enforce the obligations imposed on the user in the conditions. The data is also processed and used for other purposes – in art. 2 of the conditions included – to bring services to the attention of the user. The privacy statement also applies to the collected personal data and the processing thereof
(5) TinyFindy reserves the right to delete registrations where the user has not logged in for more than 12 months.
(6) TinyFindy® reserves the right to exclude the user from (further) use of the website, including by blocking his registration, if the user violates the conditions and / or if a user damages the good name and / or interests of TinyFindy®.
4 Providing data for the benefit of an Offer
(1) Only registered users have the option to supply data to TinyFindy® which TinyFindy® can automatically convert into an offer on the website under certain conditions. Because the user registers as in art. 3 of the conditions has been described and by submitting data via the “add offer” menu, the user makes a proposal to TinyFindy® to place an offer and gives the user permission to TinyFindy® to automatically convert the supplied data into a offer. After submitting the data, TinyFindy® decides whether it will automatically convert that data into an offer. The acceptance of the offer of the user takes place by converting the supplied data into an offer on the website.
(2) The permitted number of offers from one user displayed simultaneously on the website is limited to five. The number of offers per user displayed on the website is in any case limited to five different offers per calendar month. If a user tries to have more than five offers displayed on the website simultaneously, or if a user tries to have more than five different offers per calendar month on the website, then TinyFindy® has the right, at the discretion of TinyFindy®, to remove all or only the superfluous offers from the user.
(3) TinyFindy® reserves the right to remove all offers placed for the user if in the opinion of TinyFindy® the user acts contrary to the conditions.
(4). After the agreed number of weeks, the offer can be removed by TinyFindy® from the website. Offers can be called up via the website for as many weeks as the user has indicated in the selection screen for “number of weeks of placement”, unless the user has previously submitted a request for the removal of data supplied by him to TinyFindy®. A removal is carried out directly and automatically by TinyFindy®. The removed offer will be removed from the website within 6 working days. De-activation or removal of the offer by the provider before the term of the agreed number of weeks has expired will not lead to a refund of the remaining installment amount.
(5) TinyFindy® is not obliged to automatically convert the information supplied by the user into an offer. TinyFindy® has the right at all times to refuse the conversion of the data and to limit the availability of placed offers on the website in terms of size and time. TinyFindy® also has the right to remove an offer from the database or the website or to prevent the redirection of an offer, if in the opinion of TinyFindy® the data supplied by the user:
- Do not meet the requirements for drawing up offers, and / or;
- Are in conflict with applicable laws and / or regulations, and / or;
- violate the (intellectual property) rights of third parties, and / or;
- Treat another user inappropriately, and / or;
- Harm the interests and / or the good name of TinyFindy®.
If TinyFindy® does not accept the offer, the payment will be returned.
5 Responsibility For Content
(1) The user is responsible for and guarantees to TinyFindy® the accuracy and completeness of the data provided by him for the purpose of his registration and the offer. TinyFindy® is not obliged to check the correctness and completeness of this information. In particular, the user guarantees that the data supplied does not conflict with laws and / or regulations and does not violate (intellectual property) rights of third parties. TinyFindy® is not obliged to check whether the data supplied is in violation of laws and / or regulations and / or rights of third parties. The user is obliged to immediately report corrections to TinyFindy® with regard to the data supplied by him and / or to TinyFindy® that data supplied by the user must be deleted if the data supplied by the user does not comply to the requirements for drawing up offers, and / or if the data supplied by the user is in conflict with applicable laws and / or regulations, and / or if the data supplied by the user is in conflict with (intellectual property) rights of third parties. The user can report corrections and / or deletions directly to TinyFindy®. Passed corrections and / or deletions are made immediately and automatically by TinyFindy® and are visible on the site within 6 working days
(2) The user ensures and warrants to TinyFindy® that the data supplied by the user to TinyFindy® does not contain viruses / malware and / or otherwise damages TinyFindy® and / or the website and / or inflict third parties. TinyFindy® will immediately remove such data upon discovery. If data supplied by the user has caused damage to TinyFindy® and / or the website, TinyFindy® reserves the right to recover this damage from the user.
6 Rights of use
By submitting data for the purpose of an offer, the user grants TinyFindy® the following non-exclusive, transferable, time and space unlimited rights (including the right to grant under licenses) with regard to the data supplied:
archiving and database law, that is to say the right to archive the data in any form and in particular also digitize it, to store it in databases and to store it on all known storage media and arbitrary data carriers and with other works or connect parts of works;
the right of reproduction and dissemination, that is the right to freely store, reproduce and make available or disseminate in electronic or other media (e.g. internet, newspapers, magazines) in whole or in part;
the processing right, i.e. the right to freely edit, in particular change, shorten, supplement and link it to other content.
TinyFindy® also has the right to have the above-mentioned actions carried out by third parties.
7 Rights To The Database
(1) All intellectual property rights relating to the website and database belong exclusively to TinyFindy and / or its licensors. Any rights of the user with regard to the data supplied by him remain unaffected by this.
(2) The user is not allowed to make the website or the database or any content thereof, in any way available to third parties or to reproduce, distribute or send it or in any way, without the written permission of TinyFindy®, use it in another document or material. This means, among other things, that the user is not permitted, without prior written permission from TinyFindy®, to request and reuse a substantial part of the content of the website or database and / or insubstantial parts of the content of request and reuse the Database repeatedly and systematically within the meaning of the Database Act. An automated data retrieval via scripts, by avoiding the search filters by means of search software or similar measures is not permitted.
8 Indemnity And Liability
(1) TinyFindy® never becomes a party to a legal relationship that is established or an agreement concluded between a seller / lessor and a buyer / tenant, by using the website and / or the information contained therein and / or by referring to an alternative sales method. TinyFindy® is therefore in no way (co-) liable for any (compensation) claims that originate in the legal relationship or an agreement that has been concluded or has arisen (partly) as a result of the buyer / tenant and seller / lessor of the (information on the) website. To the extent necessary, the user indemnifies TinyFindy® against the (compensation) claims referred to in this paragraph and against any (extrajudicial) (legal) costs of TinyFindy®.
(2) TinyFindy® is furthermore not liable for any damage suffered by the user in connection with the services of TinyFindy® or the (sub) contractors engaged by it or their substitutes: (I) the inaccuracy and / or incompleteness of data on the website, the violation of the law or the rights of third parties of the content of the website and / or the content of an offer on the website (at least the content of the database), (II) any defective quality, safety or legality of the advertised objects, (III) the power of disposition, legal incapacity and false identity of a buyer / tenant or seller / lessor, (IV) the consequences of technical defects to the (security of the) website, (V) refusal to place an offer or registering a user, (VI) removing an offer or registering a user, (VII) refusing to provide access to the database or placing content in the database, (VIII) deleting a user’s files containing viruses or similar harmful programs, (IX) the inaccuracy and / or incompleteness of the advice, tips and / or other information provided by TinyFindy® on the website, (X) the referral on the website to a third party website and / or its content.
(3) If TinyFindy® is liable for damage to a user, this liability is limited to the direct damage of the user. Direct damage is understood to mean: the reasonable costs to determine the cause and the extent of the damage, any reasonable costs incurred to have the faulty performance of TinyFindy® comply with the agreement insofar as it can be attributed to TinyFindy® and the reasonable costs incurred to prevent or limit damage insofar as the user demonstrates that these costs have led to limitation of direct damage as referred to in these conditions.
(4) TinyFindy® is never liable for indirect damage, including consequential damage, loss of profit, missed savings, damage due to business or other stagnation and damage due to loss of data.
10 References To Third Party Websites Or Services
The website contains references (for example by means of a hyperlink, banner or button) to the websites or services of third parties. TinyFindy® has no control over these websites and is not liable for the content of those websites. On those websites, the user is subject to the (privacy) rules of the relevant website.
(1) The user can cancel the services of TinyFindy® at any time. To this end, the user can delete his registration at any time via “TinyFindy®”. From that moment on, it is no longer possible for the user to supply new data for the benefit of an offer or to amend data already supplied. Also, from that moment on, the user’s offers are no longer visible on the website. No refund will be made, even if the agreed placement period for an offer has not yet expired.
(2) TinyFindy® can terminate its services at any time immediately if the user does not, not fully, correctly or timely comply with the provisions of the conditions.
12 Final provisions
(1) Dutch law applies to the legal relations between TinyFindy® and the user.
Of course you attach great importance to your privacy. That is why the processing of your personal data takes place in accordance with the Personal Data Protection Act.
Processing And Use Of Personal Data
TinyFindy processes the personal data registered by you via TinyFindy.nl. A user may only register once on the website. TinyFindy® tries to prevent fraudulent offers from being placed. TinyFindy® therefore asks for your first and last name, e-mail address, home address and telephone number and, if it deems it necessary, will also check this for correctness. Your data will not be sold or shared with third parties, unless you give explicit permission for this. Your data can be provided to third parties if this is necessary for the performance of the services of TinyFindy® that you wish to use or if TinyFindy® is legally obliged to do so.
TinyFindy® can use your personal data for commercial purposes, for example to inform you more about the services of TinyFindy® or relevant products or services from carefully selected organizations. In that case you will only be informed by TinyFindy® at the email address registered by you. If you do not wish to receive information about relevant products or services, you can easily indicate this in the received email.
After anonymisation, your personal data will also be used for market research and the optimization of our services. Your anonymised personal data can no longer be traced back to you after anonymization.
TinyFindy® has taken appropriate technical and organizational measures to protect your personal and other data against loss or any form of unlawful processing. Your data is stored on a secure server. TinyFindy® also uses security procedures for recording and providing the data. All this to prevent unauthorized access to your data.
Change Or Delete Data
You can change the data you have registered quickly and easily by logging into your own account. If desired, you can remove your offer. The offer is then completely removed from the server within 6 working days. If desired, you can also completely cancel your registration by deleting your account. This will delete all data you have registered and your offers. Withdrawing means that you can no longer use some of our services.
Rights of the data subject
You have the right to view the data that TinyFindy® has recorded about you. You can also then request changes to the information you have made, such as enhancements or additions. You can also request TinyFindy® to delete your data. You can send such requests to: firstname.lastname@example.org. TinyFindy® will respond to your request within four weeks of the date.
If you have a complaint about the way we process your data, please send your complaint to us. We will assess your complaint and respond within four weeks. When you are dissatisfied with our response to your complaint, you can contact the Dutch Data Protection Authority.
Spam And Abuse Personal Information
Third parties are not allowed to collect the data collected and / or processed by TinyFindy®. In addition, third parties are expressly prohibited from sending mailings (spam) to the email addresses of users of www.TinyFindy.nl with the data collected and / or processed by TinyFindy®. If the aforementioned prohibitions are violated, the third party forfeits an immediately payable fine of € 1,000 (thousand euros) per event per person. TinyFindy® will take legal action against the responsible parties in violation of the aforementioned prohibited laws.
Data processing notification
The automated processing of personal data has been reported to the College Bescherming Persoonsgegevens, Prins Clauslaan 20 in The Hague, under number m00005479.
TinyFindy® is registered as a trademark in the Benelux
To make your visit to www.TinyFindy.nl even easier, cookies, java scripts and web beacons are used. These are small files that are sent to your browser and stored on your PC. The cookies do not contain any personal data, but store information about your visit to our website. The cookies are expressly not used for other purposes.
TinyFindy® reserves the right to amend this privacy statement from time to time. We therefore recommend that you consult our privacy statement regularly.
Attn Marjolein Jonker