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Terms of Service

These are the general Terms and Conditions (“Terms”) governing user access and use of the content and services of “Aupair World” offered to the user by

AND-IS Information Solutions
Uwe Regenbogen
Kasseler Strasse 32
D-34281 Gudensberg, Germany

Last changed December 23, 2004

Important notes:

• Contact us (provider identification)
• Getting in contact with us: contact us email form, email and telephone numbers
• Data protection
• Cancellations (refund policy)

1. Field of Application and Contracting Parties

1.1. Our Terms and Conditions apply to all users of the Internet platform “Aupair World” whether registered or as visitors hereinafter referred to as "the user", “user”, “her(-self)/ him(-self)”. “her/ his”, “she/ he”.

1.2. This Site and the Services are operated by or on behalf of AND-IS Information Solutions Uwe Regenbogen, Gudensberg, Germany. The operator of the Internet platform “Aupair World” is the contracting party for all users hereinafter referred to as “Aupair World”, “us” or “we”. The company address as well as the responsible person is specified in “Contact us”.

1.3. The user contract with us shall begin upon the earlier of the user:

1.4. If a user doesn’t agree with these Terms - for any reason – she/ he has to leave the Internet sites of “Aupair World” immediately.

1.5.By accessing the service (with or without registering for the service) or latest visiting a second site the user accepts that she/ he is bound by the current Terms of service at the time of her/ his access. The user should therefore check these Terms each time she/ he uses any of the services. We suggest that she/ he prints out and keeps a copy of these Terms for her/ his records. These Terms shall apply to all of the services.

1.6.No legal right guarantees the use of the internet sites of “Aupair World”.

1.7.The legislation of the Federal Republic of Germany applies to all legal relations of the contracting parties excl. the general UN trading regulations as far as no compelling laws oppose, in particular consumer protection regulations. These terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Germany. The Terms and Conditions are available in the following languages:

• German
• English
• French
• Italian
• Dutch

2. Object of Agreement

2.1 "Aupair World" operates an internet platform for au pairs (potential au pairs) and host-families (potential host-families). The most important part of the platform is the job facility. Registered users have the possibility either to find a suitable host-family or to find an au pair girl / au pair boy.

2.2. Contrary to classical aupair agencies “Aupair World” doesn’t act as an agent. The actual procedure is made by the registered user i.e. registered users have to get in contact with each other and arrange further procedures.

2.3. Thus "Aupair World" only allows the use of the data base by its registered users. The use of the data base can be connected with certain conditions, i.e. check of the registration data as well as the contact and address data.

2.4. Parts of “Aupair World’s” services have to be paid for. The prices for these services can be found under “Premium Membership”.

2.5. A legal claim exists as far as the state of technology. We will not be liable to the user for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control, e.g. system break-down (see section 7).

2.6. The user agrees that we may transfer the performance of any of our obligations or may assign these Terms or any of our rights or obligations totally or partly to a third party with giving the user four weeks notice.

2.7. We make no warranty to replace any time-proportional repayment of the “Premium Membership” fees in case of exceptional notice of termination of service

2.8. The user has the right to cancel the contract but she/ he has to notify us in writing. The postal address can be found here.

3. Registration as an aupair or host family

3.1. One has to be registered either as an aupair or as a host family to use the “Premier Membership” services of “Aupair World”.

3.2. Every natural person can register her-/himself as a host family to find an aupair girl or aupair boy. Before the registration the user should inquire whether she/ he may host an aupair in accordance with the legislation of her/ his country of living.

3.3. Every natural person can register her-/himself as an aupair girl or aupair boy looking for a host family. Before the registration the user should inquire whether she/ he is legally welcome in accordance with the legislation of the desired host country.

3.4. Persons under age or with limited competences as well as corporate body are forbidden to register.

3.5. Each registration must be accomplished by the respective person her-/ himself. A registration via someone else is forbidden. Each user is only allowed to register once. A repeated registration is forbidden.

3.6. Personal data are to be indicated completely and correctly during the process of registration at “Aupair World” i.e. first name, surname, the current address (no P.O box) and telephone number as well as a valid email address.

3.7. Each user is obligated to correct her/ his data immediately if a change of the indicated data occurs after the registration.

3.8. A registration is forbidden for owners and employees of aupair agencies as well as other competitors of "Aupair World". A registration for the purpose of advertisement or to offer services and products is forbidden. If owners and employees of aupair agencies as well as other competitors register with “Aupair World” despite this prohibition, they are obligated to pay a contractual penalty of EUR 10,000 (Euro ten thousand) for each individual case. This contractual penalty is to be paid independently of the actual damage. Apart form the contractual penalty, "Aupair World" reserves the right to sue for compensation.

3.9. No legal right guarantees the registration with “Aupair World”. “Aupair World” reserves the right to delete mismatching registrations without previous consultation. A registration is regarded as mismatching, if e.g. incomplete or wrong data are given or a qualification as an aupair or host family is doubtful regarding the instructions of “Aupair World”.

3.10. Data of contact information

The user isn’t allowed to include contact data in fields or texts which aren’t explicitly intended for it. This applies in particular to the free text fields (e.g. “Dear family” letter, “Dear aupair” letter, etc.). All information to get in contact with somebody is considered as contact data under evasion of the “Premium Membership”. In this case the registration is deleted by "Aupair World". We reserve the right to sue the user for compensation. Further we reserve the right to publish users, who offended against this rule several times and to warn other users to enter into an agreement with them.

4. Liability for profile contents

4.1. The user is liable for the content, in particular its correctness and legal validity as well as the entered texts or pictures published in her/ his profile at "Aupair World".

4.2. "Aupair World" isn’t obligated to examine the user profiles regarding the impairment of the rights of a third party. The user is obligated to exempt us from requirements of a third party in any way arisen from the publication her/ his profile.

4.3. The user is liable for all damages to “Aupair World” which results of the presentation of her/ his profile and/or will develop in the future; except the user isn’t the cause of damage.

4.4. "Aupair World" isn’t liable for the correctness of any information given by the user (host families and aupairs).

4.5. All incorrectness or carelessness in the user profiles published at "Aupair World" lies exclusively in the responsibility of the respective user.

4.6. All agreements are reached under exclusion of liability of "Aupair World". This applies in particular to all incorrectness, carelessness or criminal delicts of a user.

5. Use of “Aupair World” services

5.1. The user is allowed to use the services of "Aupair World" for non-commercial purposes only and subject to her/ his strict compliance with these Terms. We grant the user a non-transferable right to view and use the service.

5.2. It is the user’s responsibility to ensure the security of her/ his password to access the service. A breach of these Terms by anyone to whom the user discloses her/ his password will be treated as a breach by the user.

5.3. The personal data (in particular contact data) of aupairs or host families are to be treated strictly confidentially. It is forbidden to pass on contact data to other users or to a third party.

6. Obligations of the user

6.1. The user guarantees the correctness of her/ his data made with the registration as an aupair or a host family. The user guarantees that her/ his profile is in accordance with the legislation, official regulations and not conflicting with national policy and public morals.

6.2. The user commits her-/ himself to keep the rules described in the code of behaviour.

6.3. The user agrees to consider the aupair regulations of the host country completely. Further the user commits her-/himself to keep “Aupair World's” fundamental idea of the aupairs’ duration of stay.

7. Guarantee

7.1 "Aupair World" guarantees an appropriate offer on the Internet in accordance with the actual state of technology. However, it is well-known that completely error free programs aren’t possible in accordance with today's state of technology. In addition the user is aware that the desired data mightn’t be available at some time and/or not at all.

7.2. The “Premium Membership” will be extended by the duration of disturbances or interruptions caused by "Aupair World" as long as these arise for more than 48 hours within the Membership period of 30 days (continuously or added).

7.3. We permit paying Premium members only the possibility of access to the contact data of either the registered aupairs or host families. We aren’t liable for the correctness of the data indicated by aupairs and host families or their availability. In particular we don’t guarantee a contact between aupairs and host families.

8. Right of Cancellation and Notice of Agreement

8.1. "Aupair World" can exclude individual registered users in case of offence against these Terms and Conditions, code of behaviour, conflicting with national policy and legislation of the Federal Republic of Germany, public morals and laws as well as rights of a third party or if "Aupair World" has an otherwise justified interest without indicating the reason.

8.2. The user doesn’t get a refund on her/ his fees for the “Premium Membership” in case of an exclusion regarding to points 3. or 4.

8.3. As soon as a user is excluded she/ he isn’t allowed to use "Aupair World" any longer. Further the excluded user isn’t allowed to register again.

8.4. Each user is allowed to delete her/ his registration at any time.

8.5. The “Premium Membership” fee won’t be refunded.

9. Trademark Protection

9.1. In case that the user used protected trademark within her/ his profile, “Aupair World” is permitted to use it. The user assures that she/ he is entitled to give “Aupair World” permission to publishing.

9.2. The user assures that all copyrights, trademarks, patents and other intellectual property rights in any material or content (including information, text, photographs, graphics, logos, symbols, artwork and other material) contained in her/ his profile is either owned by the user or has been licensed to her/ him by the rights owner(s) for use.

9.3. The user guarantees that she/ he has the copyright of the used texts.

9.4. If the use of trademarks is forbidden the user has to pay for all requirements of a third party regarding "Aupair World" . The same case applies to copyrights.

9.5. The user exempts "Aupair World" from all requirements of other users or a third party regarding copyrights, trademarks, patents and other intellectual property rights in any material or content (including information, text, photographs, graphics, logos, symbols, artwork and other material) contained in her/ his profile. The user is liable for all necessary costs of the defence regarding “Aupair World” including all court and lawyer costs. This doesn’t apply to infringement of rights which aren’t connected to the user.

10. Liability

10.1. "Aupair World" publishes information texts for the user either aupair or host family which represent actual, valid regulations and laws by the time of publishing as far as we are informed. This is for the users’ (aupair or host family) information only. We don’t guaranty or make any warranty that this information is complete, correct or applicable. The user (aupair or host family) has to inquire her-/ himself if she/ he is allowed to host an aupair or if the aupair is allowed to work in the potential host country.

10.2. In all other respects "Aupair World" is liable according to the legal regulations of the Federal Republic of Germany. If "Aupair World" (incl. its employees and representatives) acted wilfully and in gross negligence and the user asserts an injury of her/ his live, body or health and/or handicaps the payment of compensation is limited to the foreseeable, typically occurring damage.

10.3. The liability is always limited to the foreseeable, typically occurring damage.

10.4. In case of gross negligence, "Aupair World" is liable according to the legal regulations of the Federal Republic of Germany. In this case however the obligation to pay damages is limited to the foreseeable, typically occurring damage.

10.5. Since traders aren’t allowed to register with "Aupair World" the legislation of traders doesn’t apply. If this doesn’t apply to individual cases, any liability is generally excluded by "Aupair World".

10.6. Additionally “Aupair World" is unrestrictedly liable according to the regulations of the product liability law. In all other respects the payment of compensation is impossible.

10.7. The right of improvement and the further warranties (in particular regarding reduction/cancellation of the contract) depend mainly on these Terms determine, additionally according to legal legislation.

11. Data protection

11.1. The user agrees with the actual data protection declaration. This can be seen here.

11.2. "Aupair World" can close a user account if she/ he disagrees with the data protection declaration or revokes it.

12. Final Conditions

12.1. Place of performance is Gudensberg, Germany

12.2. If the user is a trader, a corporate body or if she/ he doesn’t have her/ his general place of jurisdiction in the Federal Republic of Germany any disputes arising hereunder will be settled before a competent Fritzlar (Germany) district court of law. "Aupair World" reserves the right to sue the user at any other approved place of jurisdiction as well.

12.3. Special agreements, changes and additions of these Terms always require writing.

12.4. All statements which are sent in accordance with the agreement between the user and “Aupair World” must take place in writing. These statements have to be passed on to:

AND-IS information Solutions
Mr. Uwe Regenbogen
Kasseler Strasse 32
34281 Gudensberg, Germany

12.5. Aupair-World reserves the right to change their Terms and Conditions at any time by posting changes online. Changes will be indicated before log-in and made accessible to the user. The changed parts of the Terms and Conditions are highlighted for at least two weeks. The users continued use of the website (or any part thereof) following such changes shall be deemed to be the user’s acceptance of such change.

12.6. “Aupair World” reserves the right to change these Terms and Conditions from time to time. Any changes of these Terms will be available and are shown with each user log-in. The changes of Terms will be identified as such for two weeks. The user accepts the actual Terms and Conditions with each log-in.

12.7. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Questions? Send an email to: support@aupair-world.net or call Aupair World at +49 5603 917 817