Last modified: 16 February 2017
Previous version of AuPairWorld's Terms of Service
1. Definitions
1.1 “AuPairWorld” and the associated website aupairworld.com and/or its subpages are operated by AuPairWorld GmbH, Friedrich-Ebert-Str. 10, 34117 Kassel, Germany (hereinafter also referred to simply as “AuPairWorld”, “we”, “us” or similarly). Persons who have registered on the website of AuPairWorld by setting up a Profile (see 1.3) are hereinafter referred to as “Users”, “you”, or similarly.
1.2 “AuPairWorld” is an Internet portal allowing au pairs (including prospective au pairs) and host families (including prospective host families) to contact each other and make arrangements. AuPairWorld considers itself to be an “Au Pair Agency on the Internet”. The Users of AuPairWorld 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 AuPairWorld can themselves make contact with an appropriate au pair or host family and make all further arrangements themselves. AuPairWorld offers a wide range of support during this process. More detailed information is provided in Sections 1.5, 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 AuPairWorld, 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 AuPairWorld 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.
1.5 "Our services" also include "third party services" provided by our contracting partners, which we offer for purchase to our users or customers on favourable terms in our own name and for our own account. These third party products are intended to provide the best possible support to au pairs and host families prior to and during the au pair stay. Third party products may include:
- Preparatory courses / language courses for au pairs and host families
- Care and support services for au pairs and host families
- Visa services for au pairs and host families
The offer describing the respective third party service explains how it may be purchased. Important: Our partner bears sole responsibility for the quality of content and any possible defects in third party products (e.g. regarding the proper implementation of foreign language courses).
2. Scope
2.1 These Terms of Service apply to the use of AuPairWorld. By registering, the User accepts these Terms of Service, which become an integral part of the contract upon registration. Upon registration, the contract between AuPairWorld and you comes to be. However, individual arrangements between you and us always have priority before the Terms of Service. Deviating terms of service of our business customers that have not been expressly acknowledged by us in writing are not binding for us.
2.2 We recommend that you print out or save our Terms of Service. We also save the contract text after conclusion of the contract. We will gladly make this available to you upon request.
3. Registration
3.1 Registration as an au pair or host family at AuPairWorld is free of charge. For families, express reference is made to Section 4.4 of these Terms of Service. For au pairs, AuPairWorld remains free of charge when used in accordance with the contract. However, if there is an infringement of these Terms of Service, AuPairWorld reserves the right to make further use dependent on acquiring Premium Membership or to exclude the user concerned from further use.
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 AuPairWorld’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. AuPairWorld 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, evidence of which he/she is to provide to AuPairWorld without delay upon request; inasmuch as such proof of the consent of the legal guardian is not provided, we will exclude the user concerned from our platform until he/she has reached the age of 18 years.
Owners and employees of au pair agencies as well as their spouses or partners and other competitors of AuPairWorld 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 AuPairWorld for a purpose other than those permitted, despite the prohibition mentioned in Section 3.7, the person registering will owe AuPairWorld 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. AuPairWorld reserves the right to assert claims for damages in addition to the contractual penalty.
3.9 AuPairWorld 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 AuPairWorld 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 AuPairWorld expects registered host families to become Premium Members in the foreseeable future because otherwise reasonable use of the services offered by AuPairWorld is impossible. AuPairWorld therefore reserves the right to no longer display the Profiles of host families, who use AuPairWorld for a longer period of time without becoming Premium Members, to other Users and to possibly restrict or completely exclude the options for use available to them.
4.5 "Third party products" we offer (see Section 1.5 above) are available to all users (au pairs and host families), not just to Premium Members. They are intended to provide the best possible support to au pairs and host families prior to and during the au pair stay.
5. Expanded options for use for Premium Members, terms of payment
5.1 Any User of AuPairWorld 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 https://www.aupairworld.com/en/products/premium-membership. 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.
5.4 Unless expressly stipulated otherwise between you und us, the prices apply that we have specified on our website.
5.5 Unless otherwise noted, the prices are in euros.
5.6 The prices include VAT.
5.7 Various methods of payment are available to the User. Unless otherwise stipulated in writing between you and us, payments are to be made in advance (1) via PayPal or (2) by bank transfer or (3) by credit card at the choice of the customer.
5.8 The User only has a right to setoff if his/her counterclaims have been determined with final effect or are uncontested by us. In addition, the User is only authorized to exercise a right of retention to the extent that his/her counterclaim is based on the same contractual relationship.
5.9 Our invoices are due for payment immediately.
6. Code of Conduct for registered Users
6.1 All the services provided by AuPairWorld 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 AuPairWorld’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 AuPairWorld as well as the text entered or pictures uploaded. Any inaccuracies or negligence in the Profiles of au pairs and host families published on AuPairWorld 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. AuPairWorld 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, AuPairWorld 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 AuPairWorld 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 AuPairWorld can be tied by AuPairWorld to certain conditions, e.g. verification of the registration data or contact and address data through submission of the relevant documentation. Furthermore AuPairWorld retains the right in general, in particular in the event of a complaint by a User, to request the User to make a statement. AuPairWorld may decide to no longer display the Profile of the User concerned to other Users and restrict or completely exclude the options for use for this User. If a requested statement is not provided, AuPairWorld will usually prohibit the further use of AuPairWorld by this User on a permanent basis.
6.9 The User is obliged to inform AuPairWorld 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 AuPairWorld and to reply to them at regular and appropriate intervals and to store them on his own PC or other storage media. AuPairWorld 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. AuPairWorld 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 AuPairWorld 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 AuPairWorld 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 AuPairWorld is responsible for providing the technical means required to establish contact between Users in general. We do not guarantee that Users are registered on AuPairWorld that will match each other when the search criteria are compared. AuPairWorld 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. AuPairWorld will therefore not be liable if no contact is established within the period of use.
8.2 AuPairWorld is not obliged to verify the Profiles of Users for any adverse effects on the rights of a third party. As soon as legal infringements become known to us, we will exclude from our website the User who infringes the rights of others.
8.3 AuPairWorld points out that all data published on the Internet can be copied. AuPairWorld will make every effort to make this as difficult as possible. AuPairWorld will however not be liable if Profile data published on AuPairWorld is copied and published elsewhere. The User is obliged to release and hold harmless AuPairWorld 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 AuPairWorld for any damage or loss which is and/or will be incurred by AuPairWorld in any manner from the display and/or use of his/her Profile, unless the User is not responsible for this damage or loss.
9. Liability
9.1 The liability of AuPairWorld is excluded and/or limited from damages from the injury to life, limb or health, inasmuch as these do not arise from a wilful or negligent contractual breach by AuPairWorld or a wilful or negligent contractual breach by the legal representatives or agents of AuPairWorld.
9.2 Our liability is excluded and/or limited for other damages, inasmuch as these do not arise from a wilful or grossly negligent contractual breach by AuPairWorld or a wilful or grossly negligent contractual breach by the legal representatives or agents of AuPairWorld.
9.3 You are obligated to take all actions that are necessary and can reasonably be expected of you to prevent and minimize damages. The breach of this obligation can be classified as contributory negligence and lead to a corresponding reduction of any claim to compensation that you may have (see Section 254 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
9.4 Please note that AuPairWorld only provides a platform, on which Au Pairs and host families can enter into contact with each other. AuPairWorld will in particular make texts available thereby which express the relevant valid regulations and legislation as far as AuPairWorld is aware. The sole purpose of this is to provide information to Users. AuPairWorld 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.
9.5 We emphasize that we do not personally know the Au Pairs or the host families. Lacking our own knowledge, we cannot give any guarantees that the Au Pairs and/or host families are trustworthy and keep their promises. Each User must decide for his-/herself when and with whom the respective User would like to make contact. We cannot influence whether the associated contact between an Au Pair and a host family will then proceed satisfactorily, develop positively or – in contrast – cause damages to either side.
9.6 We provide general notifications on our website Safe Searching on AuPairWorld about what we do for the security of our Users. Under References, we explain what Au Pairs and host families can do to gain a more exact impression of the respective other user. In addition, we provide tips elsewhere on how Au Pairs and host families should make the correct choice and what questions they should pose to the other party. See, in particular, how do I find the right host family? and getting to know your au pair: questions to ask Please take heed of such information and take sufficient precautions for your own safety.
9.7 Please note that AuPairWorld is, in particular, not liable in the event of advance-fee fraud. Furthermore, AuPairWorld may not be held responsible if an au pair relationship does not come about or not in the manner originally desired.
9.8 If a "third party product" (see Section 1.5 above) consists of a service provided by our contracting partner (e.g. a foreign language course conducted by our partner), the latter is responsible for quality of content and any possible defects concerning the relevant third party product. These services are provided by our partners on their own responsibility. Please note that we are not liable for any errors committed by our partners.
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. Deactivated Profiles are deleted automatically and irretrievably as are active Profiles and Premium Memberships Profiles that have expired if no use of such Profiles is made for a period of several weeks. This also applies to any conversations in the messaging system stored under these Profiles.
10.2 In addition, AuPairWorld 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:
CANCELLATION INSTRUCTIONS
Right of cancellation
You have the right to cancel this contract within 14 days without specifying any reason for such cancellation. The cancellation notice period is 14 days and begins on the day that the contract is concluded. To exercise your cancellation right, it is necessary to inform us of your decision to cancel the contract in a written communication (e.g. a letter sent by post, a fax or an email) at the following address:
AuPairWorld GmbH
Friedrich-Ebert-Str. 10
34117 Kassel
Germany
Fax: +49 (0)561 – 31 0561 39
Email: cancellation@aupairworld.com
You may (but do not have to) use the sample cancellation form provided at the end of these Terms of Service. To meet this cancellation deadline, it is sufficient to exercise the cancellation right within the cancellation period.
Consequences of cancellation
When you cancel this contract we must promptly return all payments that have been made including delivery costs (with the exception of additional delivery costs resulting from your selection of another form of delivery than the standard form we offer) at the latest within 14 days of the receipt of your cancellation. For this repayment the same form of payment will be used that you used in making the original transaction unless explicit arrangements for another payment form are made. In no instance will extra charges be made as a result of this repayment process. If you have requested that the contracted services should begin during the cancellation period, then you must pay an appropriate amount for the portion of the services that have been provided to you up to that point in time at which you have informed us that you will exercise your cancellation right in comparison to the total volume of services specified in the original contract.
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 AuPairWorld 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, AuPairWorld 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 AuPairWorld
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 AuPairWorld has another justified interest, AuPairWorld 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 AuPairWorld 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 AuPairWorld. The excluded User may not register again.
12. General notes
12.1 Noticing and correcting input errors
The “Back” button in your browser is an effective and technically available means to correct input errors. You can use this button to correct input errors.
An effective and technically available means of noticing input errors is, for example, the enlargement function on your browser’s display. This enlargement function is also called the “Zoom” function in some browsers. When entering information, please check whether what you have entered also corresponds with what you intend on entering. In the case of doubt, please simply cancel the procedure. In the case of erroneous entry, please correct your entry. Please contact us at any time, should you have any questions. We will gladly help you in noticing and correcting input errors.
12.2 Contractual language
The languages available for the conclusion of the contract (contractual languages) are English, German, French, Italian, Spanish and Dutch.
12.3 No subjection to codes of conduct
We are not subject to any codes of conduct.
13. Final provisions
13.1 AuPairWorld 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.
13.2 The place of performance is Kassel, Germany.
13.3 Jurisdiction clause: If the User is a businessman (Kaufmann) or legal entity under public law or a special fund under public law, or if the User has no general place of jurisdiction in the Federal Republic of Germany or has moved his/her general place of jurisdiction abroad, the parties stipulate the Local Court or Regional Court in Kassel (Germany) to be the place of jurisdiction for any disputes arising from the contractual relationship. However, AuPairWorld reserves the right to also take action against the User at any other permissible place of jurisdiction.
13.4 All declarations transmitted as part of the contract of use to be concluded with AuPairWorld must be made in writing. These declarations are to be made to AuPairWorld GmbH, Friedrich-Ebert-Str. 10, 34117 Kassel, Germany.
13.5 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.
13.6 AuPairWorld 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 AuPairWorld for at least two weeks. At every log-in the User accepts the Terms of Service valid at that time.
13.7 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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The German legislature provides the following sample cancellation form in Appendix 2 to Article 246a Section 1 Subsection 2 Sentence 1 Number 1 and Section 2 Subsection 2 Number 2 of the German Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB):
Sample cancellation form
(Please fill out this form and send it back to us, if you would like to cancel the contract.)
• To:
AuPairWorld GmbH
Friedrich-Ebert-Str. 10
34117 Kassel, Germany
Fax: 0561 – 31 0561 39
Email: cancellation@aupairworld.com
• I/we (*) hereby cancel the contract concluded by me/us (*) with regard to the purchase of the following goods (*)/provision of the following services:
• Ordered on (*)/received on (*):
• Name of the consumer:
• Address of the consumer:
• Signature of the consumer(s) (only for notification on paper)
• Date:
(*) Delete as applicable.
