Terms of Service

Last changed: May 17, 2013



1. Definitions

1.1 “Aupair World” is operated by a.n.d. Internet Services GmbH & Co. KG, Wolfsschlucht 27, 34117 Kassel, Germany. Persons who have registered on the website of Aupair World by setting up a Profile (see 1.3) are hereinafter referred to as “Users”.

1.2 “Aupair World” is an Internet portal for allowing au pairs (including prospective au pairs) and host families (including prospective host families) to contact each other and make arrangements. Aupair World considers itself to be an “Au Pair Agency on the Internet”. The Users of Aupair World have the option of

  • finding a matching host family in which they can work as an au pair or
  • advertising as a potential host family for an au pair.

This means that au pairs and host families registered at Aupair World can themselves make contact with an appropriate au pair or host family and make all further arrangements themselves. Aupair World offers a wide range of support during this process. More detailed information is provided in Sections 4 and 5 of these Terms of Service.

1.3 “Profile” within the meaning of these Terms of Service refers to a personal page at Aupair World, which each User may design using their own texts. The User has the opportunity to present him- or herself there and to put down what he/she expects from the desired host family/au pair.

1.4 “Standard Messages” and “Personal Messages” within the meaning of these Terms of Service are electronic messages, which can be exchanged between Users using the Aupair World messaging system. Standard Messages consist of pre-formulated messages. These can be used by a User to indicate to another User whether he/she is in principle interested in entering into an au pair relationship. Personal Messages consist of messages where the User is supported in designing their content through standardised components, but is additionally able to personalise them.

2. Scope

These Terms of Service apply to the use of Aupair World. By registering, the User accepts these Terms of Service, which become an integral part of the contract upon registration.

3. Registration

3.1 Registration as an au pair or host family at Aupair World is free of charge. For families, express reference is made to Section 4.4 of these Terms of Service. For au pairs, Aupair World remains free of charge when used in accordance with the contract. However, if there is an infringement of these Terms of Service, Aupair World reserves the right to make further use dependent on acquiring Premium Membership.

3.2 Any natural person, who is looking for an au pair to care for one or more minor children, permanently living in its family, may register as a host family. Furthermore, any natural person, who is looking for a host family for themselves personally, may register as an au pair.

3.3 Every host family must inquire before registration whether the regulations of their country (country of residence) allow them to take on an au pair and every au pair must ensure that he/she is legally welcome in the desired host country as an au pair in accordance with the regulations of that country. Both families and au pairs must ensure that they fulfil Aupair World’s “basic idea of au pairing”.

3.4 Each registration must be carried out personally by the relevant User. Registration on behalf of a third party is not permitted. Each User may register only once. Multiple registrations by the same person/host family are not permitted.

3.5 The data requested during registration is to be provided in full and correctly, in other words first name and surname, current address (not a PO box) and telephone number as well as a valid e-mail address. Data is to be provided as it appears in the official identification documents of the person registering. Aupair World reserves the right to verify the accuracy of the information in individual cases and possibly request corresponding documentary evidence from the User (e.g. copy of identity card, passport, credit card(s) or telephone bill). If the data provided changes after registration, each User is obliged to correct the information immediately.

3.6 Registration is permitted only by natural persons of legal age. An exception to this are persons who have almost reached the age of 18 and are looking for a host family for their placement as an au pair once they have reached the age of 18. In this case the User will declare that he/she is acting with the agreement of his/her legal guardian during registration. Owners and employees of au pair agencies as well as their spouses or partners and other competitors of Aupair World are not permitted to register.

3.7 Registration is permitted only for the purposes of initiating an au pair relationship involving the person registering. Registration for other purposes (e.g. for direct or indirect commercial placement of au pairs or staff, including part-time staff; for advertising or promoting services or products etc.) is expressly forbidden.

3.8 Should a registration be made with Aupair World for a purpose other than those permitted, despite the prohibition mentioned in Section 3.7, the person registering will owe Aupair World a contractual penalty amounting to EUR 10,000 for each case of registration. This contractual penalty is to be paid irrespective of any actual loss incurred. Aupair World reserves the right to assert claims for damages in addition to the contractual penalty.

3.9 Aupair World reserves the right to refuse or delete registrations without any prior discussion and without indicating any reasons.

4. Features available to all Users

4.1 All Users may currently for example:
customise their Profile independently to suit their requirements and personalise it with text and photos;
exchange pre-formulated Standard Messages as an au pair with host families or as a host family with au pairs.

4.2 The “EasyFind” feature provides all Users with a constantly updated, personalised recommendation list of other matching Users. In addition, all Users are notified on a regular basis by e-mail (“Daily Update”) about other matching Users who have recently registered.

4.3 The offer of Aupair World is however not static, but is continuously being developed further and adjusted. This means that new features can be introduced or existing ones removed at any time. Naturally the User will be notified of the planned shut-down of major features with an appropriate notice period by e-mail.

4.4 Aupair World expects registered host families to become Premium Members in the foreseeable future because otherwise reasonable use of the services offered by Aupair World is impossible. Aupair World therefore reserves the right to no longer display the Profiles of host families, who use Aupair World for a longer period of time without becoming Premium Members, to other Users and to possibly restrict the options for use available to them.

5. Expanded options for use for Premium Members

5.1 Any User of Aupair World may also become a Premium Member. Premium Membership can be taken out for a one-off fee for a fixed period of time. It ends automatically when this period expires. There is no need for a separate notice of termination. The valid fee as well as the duration of Premium Membership is published on the website at www.aupair-world.net/premium/. Premium Membership is non-transferable, but is tied to the User for whose Profile it was concluded.

5.2 As a Premium Member the User can add personal text to the Standard Messages provided in the messaging system and draft Personal Messages. These messages can be read by the relevant recipient and answered with Standard Messages to which personal text is added or Personal Messages. As a Premium Member the User can also always read the Standard Messages sent to him, to which personal text was added as well as Personal Messages.

5.3 Both Users, who communicate through the messaging system, can add personal text to the Standard Messages provided, if at least one of them (host family or au pair) is a Premium Member. As many Personal Messages as desired can then be exchanged between these Users. If the existing Premium Membership expires for one of the two Users, a conversation between two Users which has already started may be continued in the messaging system. New conversations which go beyond exchanging Standard Messages may only be continued by the User whose Premium Membership has expired when Premium Membership has been extended or taken out again.

6. Code of Conduct for registered Users

6.1 All the services provided by Aupair World are exclusively intended for the personal use of the relevant User. Passing access to the use of the services on to a third party (passing on access data, the password etc.) is forbidden.

6.2 Data made accessible to the relevant User (in particular contact data and personal information) of au pairs or host families is to be treated in the strictest confidence and must not be published elsewhere (in particular on other websites or in other media) or disclosed to a third party in another form. Transmitting the contact information to other Users or a third party is not permitted. In the event of non-compliance, Section 3.8 applies accordingly.

6.3 Every User is obliged to comply with the rules described in the Code of Conduct as well as Aupair World’s “basic idea of au pairing”, and the au pair rules of the relevant host country are to be observed in full.

6.4 Every User must ensure that the content of his/her Profile does not violate statutory provisions or any restrictions imposed by public authorities or offend morality.

6.5 The User is solely responsible for the content, in particular the accuracy and legal permissibility of the latter, of the Profiles displayed on Aupair World as well as the text entered or pictures uploaded. Any inaccuracies or negligence in the Profiles of au pairs and host families published on Aupair World are exclusively the responsibility of the relevant User. The User is also solely responsible for the conversations held via the messaging system with others. The User is obliged to protect the rights and interests of other Users or other third parties, in particular their personal rights. Aupair World can never be held responsible for the accuracy of any information regarding a person displayed here (host family and au pairs).

6.6 Entering contact data, links or referring to other websites in fields or texts, which are not expressly intended for this purpose, is not permitted. This applies in particular to the free text fields (e.g. 'Dear-family-letter', 'Dear-au-pair-letter', etc.). All the data through which direct contact can be made with a person by by-passing Premium Membership is considered to be contact data. In the event of an infringement, Aupair World retains the right to no longer display the Profile to other Users or to delete it as well as to insist that Premium Membership is taken out or to demand compensation.

6.7 The use of Aupair World is permitted only for the purpose referred to in Section 3.7. The data acquired through use must be used only for the purpose referred to in Section 3.7. In the event of non-compliance, Section 3.8 applies accordingly.

6.8 The use of the services provided by Aupair World can be tied by Aupair World to certain conditions, e.g. verification of the registration data or contact and address data through submission of the relevant documentation. Furthermore Aupair World retains the right in general, in particular in the event of a complaint by a User, to request the User to make a statement. Aupair World may decide to no longer display the Profile of the User concerned to other Users and restrict the options for use for this User. If a requested statement is not provided, Aupair World retains the right to prohibit the use of Aupair World by this User on a permanent basis.

6.9 The User is obliged to inform Aupair World immediately if he/she no longer wishes to be available to other Users as an au pair or host family because an au pair relationship has come about or for another reason.

6.10 The User is advised to retrieve messages left for him/her on Aupair World and to reply to them at regular and appropriate intervals and to store them on his own PC or other storage media. Aupair World is entitled to delete the messages saved in the User’s Profile in each case at the end of three months after they were sent or received without any further inquiries.

7. Scope of services

7.1 The options for use mentioned in these Terms of Service apply subject to technical availability and according to the current state of the art. Aupair World will provide an online service meeting the standard state of the art. However, the User is aware that completely error-free programs are not possible according to the present state of the art. In addition, Users are aware that the desired data might not always be available, or possibly not be available at all.

7.2 There is no entitlement to the options for use described. The registered User is not entitled to use Aupair World in the event of a system failure. This also does not give rise to any claims for damages.

7.3 In the event of any disruptions or interruptions to the services promised by Aupair World for which the latter is responsible, the duration of Premium Membership will be extended by the duration of the disruption, insofar as the service disruption has lasted for more than 48 hours (continuously or cumulatively) within a period of 30 days.

8. Warranty

8.1 Aupair World is responsible for providing the technical means required to establish contact between Users in general. We do not guarantee that Users are registered on Aupair World that will match each other when the search criteria are compared. Aupair World assumes no liability for the accuracy of the data provided by au pairs or host families or the availability of the au pairs or host families. Aupair World will therefore not be liable if no contact is established within the period of use.

8.2 Aupair World is not obliged to verify the Profiles of Users for any adverse effects on the rights of a third party.

8.3 Aupair World points out that all data published on the Internet can be copied. Aupair World will make every effort to make this as difficult as possible. Aupair World will however not be liable if Profile data published on Aupair World is copied and published elsewhere. The User is obliged to release and hold harmless Aupair World from any claims by third parties arising in any manner from the publication of the User’s Profile.

8.4 The User is obliged to compensate Aupair World for any damage or loss which is and/or will be incurred by Aupair World in any manner from the display of his/her Profile, unless the User is not responsible for this damage or loss.

9. Liability

9.1 Aupair World will in particular make texts available which express the relevant valid regulations and legislation as far as Aupair World is aware. The sole purpose of this is to provide information to Users. Aupair World does not assume any liability or provide any guarantees that this information is complete, correct or accurate. Users must find out for themselves from the responsible authorities as to whether they are legally permitted to host an au pair or whether they are permitted to be placed as an au pair in a host family in the host country selected.

9.2. Aupair World is only liable for intent and gross negligence. In the event of an infringement of major contractual obligations, debtor’s delay or if it is impossible for Aupair World to perform the services for reasons for which Aupair World is responsible, Aupair World will however be liable for any culpable behaviour by its employees and vicarious agents.
Apart from intent or gross negligence on the part of legal representatives, senior staff or other vicarious agents of Aupair World, liability is restricted to the damage or loss typically foreseeable at the time the contract was concluded.
Liability for compensation of indirect damage or loss, in particular for lost profit, exists only in the event of intent or gross negligence on the part of legal representatives, senior staff or other vicarious agents of Aupair World.
The above-mentioned disclaimers and restrictions of liability do not apply to consumers if express guarantees are assumed by Aupair World and to losses from the injury of life, body or health as well as in the event of compulsory statutory regulations.

9.3 Because registration as an entrepreneur (Unternehmer) within the meaning of § 14 German Civil Code (Bürgerliches Gesetzbuch – BGB) is ruled out in accordance with the Terms of Service, in principle no regulation of liability between businessmen is required. Aupair World shall be liable for damage or loss towards entrepreneurs, apart from in the event of a violation of major contractual obligations, only and to the extent to which Aupair World, its legal representatives, senior staff or other vicarious agents have acted with wilful intent or gross negligence. In the event of a violation of major contractual obligations, Aupair World shall be liable for any culpable behaviour by its legal representatives, senior staff or other vicarious agents.

9.4 Any agreements made between Users are concluded with the exclusion of any liability on the part of Aupair World. This applies in particular to any inaccuracies, negligence or criminal offences by a User. Aupair World shall in particular not be liable in the event of advance-fee fraud. Furthermore, Aupair World may not be held responsible if an au pair relationship does not come about or not in the manner originally desired.

10. Termination/Cancellation of use

10.1 Each User may deactivate his/her Profile at any time and in doing so remove it from being displayed to all the other Users. If deactivated or even active Profiles are not used for several weeks and if Premium Membership has expired for several weeks, these are deleted automatically and irretrievably. This also applies to any conversations in the messaging system stored under these Profiles.

10.2 In addition, Aupair World grants the following right of cancellation to every consumer, whose ordinary place of residence or domicile is within the European Union or whose place of residence at the time the Premium contract was concluded was within the European Union:

Right of cancellation

You may cancel your contractual declaration within 14 days in text form without stating any reasons (e.g. letter, fax or e-mail). The cancellation period begins upon receipt of these instructions in text form, however not prior to conclusion of the contract and also not prior to the fulfilment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 (1) and (2) Introductory Law to the German Civil Code (EGBGB) as well as our obligations in accordance with § 312 g (1) Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The cancellation period is deemed to be complied with if the cancellation is dispatched in due time. The cancellation is to be sent to:

a.n.d. Internet Services GmbH & Co. KG
Wolfsschlucht 27
34117 Kassel
Germany
Fax: +49 (0)561 – 31 0561 39
E-mail: 
cancellation@and-is.de

Consequences of cancellation

In the event of a valid cancellation, the services received by both parties and any benefit derived from them (e.g. interest accrued) are to be returned. If the services received as well as the benefit (e.g. advantages of use) cannot be returned or not in full or only in a deteriorated state, then you will be liable to pay compensation to us accordingly. This can mean that you must nevertheless fulfil the contractual payment obligations for the period until the cancellation. Obligations to make payments must be satisfied within 30 days. The period begins on your part with the dispatch of your cancellation declaration and on the part of Aupair World with its receipt.

Special notes

The right of cancellation lapses early if the contract has been fully satisfied by both sides at the express wish of the User before the User has exercised his right of cancellation.

End of instructions regarding right of cancellation

10.3 If the User cancels Premium Membership, after having used such Membership, he is obliged to make a payment to Aupair World for the benefit of use gained through the use of this service. The value of the benefit of use is calculated on the basis of the period of use for which the service has been used. In the event of cancellation, Aupair World shall retain a portion of the original payment based on this period of use. Use of Premium Membership exists in particular if the User has made use of one or several of the options for use referred to in Section 5.2 of these Terms of Service.

11. Exclusion from use by Aupair World

11.1 In the event of an infringement of these Terms of Service, the Code of Conduct, morality, the rights and statutory provisions applicable in the Federal Republic of Germany, or the rights of a third party, or if Aupair World has another justified interest, Aupair World may exclude individual Users from use of the services at any time without stating any reasons. The same applies if the User does not agree to the data privacy declaration or cancels this at a later date.

11.2 In the event of an exclusion in accordance with 11.1, the User is not entitled to reimbursement of the fees for Premium Membership either in full or in part. In the event of an infringement of these Terms of Service, any amount which may already have been paid to Aupair World will not be reimbursed, but will be retained as a contractual penalty for the breach of contract.

11.3 As soon as a User has been excluded, this User may no longer use Aupair World. The excluded User may not register again.

12. Final provisions

12.1 Aupair World is entitled to transfer its rights and obligations arising from this contractual relationship in full or in part to a third party with a period of notice of four weeks.

12.2 The place of performance is Kassel, Germany.

12.3 If the User is a businessman (Kaufmann) or legal entity or has no general place of jurisdiction in the Federal Republic of Germany, the Kassel Local Court (Germany) will be the place of jurisdiction for any disputes arising from the contractual relationship. Aupair World reserves the right to also take action against the User at any other permissible place of jurisdiction. The Local or Regional Court of Hamburg is agreed as the place of jurisdication for disputes arising in competition law and/or civil law that are based upon a contractual relationship between Aupair World and a commercial User of Aupair World's systems.

12.4 All declarations transmitted as part of the contract of use to be concluded with Aupair World must be made in writing. These declarations are to be made to a.n.d. Internet Services GmbH & Co. KG, Wolfsschlucht 27, 34117 Kassel, Germany.

12.5 The law of the Federal Republic of Germany applies to all legal relationships between the contractual parties, provided that compulsory statutory provisions, in particular consumer protection provisions, do not provide for another law to apply. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. In cases of doubt, the German version of the Terms of Service shall prevail.

12.6 Aupair World reserves the right to amend these Terms of Service at any time without stating any reasons. Any amendments to the Terms of Service will be indicated to the User before every log-in and made accessible to him. The amended sections of the Terms of Service will be clearly indicated by Aupair World for at least two weeks. At every log-in the User accepts the Terms of Service valid at that time.

12.7 Should one of the above-mentioned provisions be invalid, the validity of the remaining provisions remains unaffected. The User undertakes in this case to agree to a stipulation as close as possible to the ineffective clause in terms of its economic purpose and intention.

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