Terms of service

These terms of service, as may be amended from time to time, apply to all our services provided online, through a mobile device, by email or by telephone. By accessing, browsing and using this website or any ofour applications through any platform (hereafter collectively called the ‘website’, ‘site’ or ‘service’) and/or by completing a registration, you acknowledge that you have read, understood and agreed to the terms of service set out below (including the privacy statement). The pages, content and infrastructure of this website are owned and operated by Camberley Limited trading as AupairWay ("AupairWay", "us", "we" or "our") and are provided for personal, non-commercial use only. Users of this website who have registered by setting up a profile are hereafter referred to as members (‘member(s)’, ‘you’, ‘your’) and are subject to the terms and conditions set out below.

Privacy and cookies

AupairWay respects your privacy. Please see our Privacy and Cookies Policy for further information.

Scope

Throughout the website, we provide an online platform through which members have the option of finding a matching host family or an au pair, by presenting themselves in their profile. Au pairs and host families registered at AupairWay can make contact with an appropriate au pair or host family and then make further arrangements concerning the au pair stay. From the point at which you make contact with another member, we act solely as an intermediary between you and the other member, allowing you to communicate through the internal messaging system and giving you the opportunity to make your own further arrangements privately. AupairWay provides the technical means to establish contact between members.

Registration

Registration as a standard member on AupairWay is free of charge and open to any natural person, as either; a parent in a host family seeking an au pair to care for one or more children permanently living in their family, or as an au pair seeking a placement in a host family.

Prior to registration, au pairs must make their own enquiries as to the regulations of their preferred host country in respect to accepting au pairs from their country. It is the responsibility of the au pair to ensure that the laws and regulations of the host country permit them to enter as an au pair, and that they are aware of any associated special conditions.

Prior to registration, host families must make their own enquiries as to the regulations of their own country in respect to hosting an au pair. It is the responsibility of the host family to ensure that the laws and regulations of their country allow them to host an au pair.

Host families and au pairs agree to abide by the general principles of au pairing and acknowledge their obligation to comply with rules of the relevant host country

Data requested during the registration process is to be provided accurately and completely. Personal details are to be provided as they appear in official identification documents. AupairWay reserves the right to verify the accuracy of information or request further documentary evidence as to identification. The member is required to keep the information on their account/profile up to date. Invalid, false or incorrect registration data is grounds for termination of an account by AupairWay.

Registration is open only to natural persons over the age of 18. In addition, registration is open (in a limited way) to au pairs over the age of 17, seeking a placement in a host family that will commence after the au pair has turned 18, in which case they agree to be acting with the consent of their parent or legal guardian during registration.

Registration must be carried out personally by the relevant member. Registration by an agent or third party is not permitted. A person may have only one membership at a time. Multiple memberships by the same person/family are not permitted. Registration is permitted only for the purposes of initiating an au pair arrangement involving the person registering. Registration for any other purposes (e.g. for direct or indirect placement of au pairs, advertising or promoting services or products etc.) is not permitted.

The service provided on the website is for personal, non-commercial use only. Only private persons seeking an au pair or private persons seeking to work as an au pair, are permitted to browse, register or interact on the site. No person (or spouse or relative of a person) who is; an officer, director, proprietor, employee, representative, agent, partner or affiliate of an online or offline au pair agency is permitted to use this website.  A breach of this condition will be considered a material breach of this contract and will result in a contractual penalty of EUR 5,000. AupairWay may claim damages in addition to the penalty.

AupairWay reserves the right to refuse or delete registrations without notice or consultation and without indicating reasons.

Standard membership

Standard members may create a personal profile with their own individual texts, photos and videos. They may use the search functions to find other members and can send standard (set-text) messages to au pairs if they are a host family and to host families if the member is an au pair. Standard members may periodically receive emails advising them of potentially suitable matches, based on search criteria, or of messages they have received to their profile. The features and functions of the website are fluid and new features are introduced periodically, as some features may be removed. Members will be advised in advance of the removal of any significant operating function or feature.

Premium membership

Au pairs may upgrade to premium membership, but are not obliged to, and may make use of and benefit from the service as standard members, throughout their search for a host family. However AupairWay reserves the right to require upgrading to premium membership in the case of a breach of the terms of service.
 
For the website to operate to the benefit of all members, it follows that registered families will eventually need to upgrade from standard membership to premium membership in order to facilitate the functioning of the messaging system and communications between members. AupairWay reserves the right to restrict available functions, or deactivate the profiles of families who use AupairWay for an extended period without upgrading to premium membership.
 
A standard member can upgrade to premium membership for a set period for one off fee. Details of the relevant fee and length of period can be found under the Premium Membership information page. At the end of the set period, the premium membership will expire and revert to standard membership. Premium membership will not be renewed automatically.
 
Premium members have all benefits of standard membership and extra benefits of additional messaging functions. The additional messaging functions allow a premium member to send and receive personalised messages to and from all other members (standard or premium) through the messaging system. In this way, the messaging system can be used for fully personalized conversations between members. At the expiry of premium membership, any personal conversations between the premium member and other members can continue, with personalised messages, until one of either membership is terminated.

Account access and usage

The use of AupairWay is intended for the personal use of the relevant member. Allowing third parties to access a member’s account is not permitted. Only the registered member is permitted to use the login and password details of a member.
 
Personal information provided by other members is to be treated in confidence and must not be published elsewhere or disclosed to any other member or third party. Transmitting of contact information or personal information to other members or to a third party is a material breach of these terms, and subject to immediate termination of the member’s account
 
The use of AupairWay is permitted only for the purpose of arranging a personal au pair stay for the member themselves.
 
In the event of a complaint against a member, AupairWay may adjudicate the issue. This may involve requesting the member to make a statement, or provide information and AupairWay may decide to restrict the options for use for this member or to deactivate or delete the profile of the member. AupairWay retains the right to decline service to a member on a permanent basis. At all times AupairWay will endeavour to treat all members fairly and equally.

Profile & message content

The member must ensure that the content on his/her profile and messages within the messaging system does not violate laws, regulations, copyright, or cause offence in any way. Each member is exclusively responsible for the accuracy and legality of content on his/her profile or messages within the messaging system, including text, images and videos. The member is obliged to protect the personal and property rights and interests of other members of the website and of third parties.
 
Members should make their own enquiries to satisfy themselves as to the authenticity of information displayed on profiles or received through messages. When providing our services, information presented on each member’s profile is provided by the member themselves. Each member is fully responsible for the information displayed on their profile. AupairWay is not responsible for the accuracy of any information provided my members on profiles or in messages.
 
It is expressly forbidden to enter any contact data, links or refer to other websites in text, images or videos displayed on profiles. Contact data is any data through which direct contact with the member can be made without use of premium membership. AupairWay is to be the sole arbiter in the event of an infringement of this clause, and may respond by; requesting compliance with this clause, suspending a profile, or deleting a profile, without consultation. Members are free to exchange contact data or any other information, in personal messages on the messaging system available through premium membership.
 
The member’s profile should be turned off if the member is no longer seeking contact with other members, due to having arranged an au pair placement or for any other reason.

Messaging system

Members should check their messages regularly and reply in a timely manner. Regular responding to messages contributes to profiles appearing higher in search results.
 
It is advisable to copy and store messages from the messaging system onto a personal computer, if the contents of the messages will be needed in the future.  AupairWay is entitled to delete messages in members’ profiles after 3 months without notice.

Termination / deletion

Profile visibility: members can, at any time, turn their profile on or off using the “My Profile” page when logged in. A profile that is turned off will not be visible in searches.
 
Self deletion: members may at anytime delete their own profile using the “My Profile” page, when logged in.
 
Automatic (timed-out) account deletion will occur for profiles that have been inactive for a period. The length of this period is determined by AupairWay from time to time. Profiles of premium members are not subject to inactive automatic termination.
 
Deleted profiles are stored in archive format for a period before being permanently erased. In archive format they cannot be accessed, viewed, searched or messaged.
 
A deleted profile can only be reinstated if it is within the archive period (before it is permanently erased). To reinstate the information on a profile, a new registration needs be made using the same email address as the original profile. The new registration will then adopt the information, eg, texts, photos, options and messages, from the deleted profile in archive. Complete adoption of all information cannot be guaranteed.

*Your right of cancellation*
In accordance with EU Directive 2011/83/EU on Consumer Rights, consumers resident in the EU, have the following 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 of service delivery. To exercise your cancellation right, you must inform us of your decision to withdraw from the contract in a written communication (e.g. a letter sent by post, or an email) at the following address: Camberley Limited 71-75 Shelton Street Covent Garden London WC2H 9JQ, United Kingdom. E-mail: mail(at)aupairway.com To meet this cancellation deadline, it is sufficient to exercise the cancellation right within the cancellation period. When you cancel this contract we will refund all payments that have been made by you 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 refund the same form of payment will be used as you used in making the original purchase unless another payment form is requested. Under no circumstances will extra charges be levied as a result of this refund process. If you have requested that the contracted services begin during the cancellation period, you will be required to pay an appropriate amount for that portion of the services that have been provided to you up to that point in time at which you have informed us you will exercise your cancellation right in comparison to the total volume of services specified in the original contract.
*End of explanation of your right of cancellation*

In respect to the right of cancellation, the ‘day of service delivery’ means the later of; the first day of use by site visitors, the day of registration for standard members, the day of premium membership purchase, for premium members. If the premium membership is cancelled after it has been used, the member is obliged to pay for the portion of membership used as calculated proportionately over the period of the premium membership.

Membership suspension

In the event of an infringement of these terms of service, the laws of the United Kingdom, the rights of a third party, moral standards or any other justified reason, AupairWay may suspend or terminate the account of individual members at any time without consultation. In such circumstances the member is not entitled to refund or part refund of the premium membership fee. A member whose account has been terminated following a breach of these terms of service may not register again.

Technological Limits

The service provided is subject to technical availability and according to the current state of information technology. Completely error-free programs are not able to be assured and requested data may not always be available, or occasionally not be available at all. The registered member is not entitled to use AupairWay in the event of a system failure. This also does not give rise to any claims for damages. In the circumstance of any disruptions or interruptions to the services for which AupairWay is responsible, the duration of paid Premium membership will be extended by the duration of the disruption, where such service disruption has lasted more than 48 hours (continuously or cumulatively) over a period of 30 days.

Photos & videos

Images & videos uploaded to your profile on the site: you are granting AupairWay a temporary license to display these images & videos on your profile, and within search lists in which your profile is included. Images & videos uploaded to your profile will not be used by AupairWay in any other way or for any other purpose. The temporary license will be terminated when your profile is deleted. Your profile images & videos, remain your property and will erased when your account is terminated

Images & videos uploaded to non-profile areas of the site: (i.e. to blogs, reviews, au pair stories, promotions, competitions etc) you agree that AupairWay may present the uploaded images & videos on its website and app, and in promotional materials and publications as AupairWay at its discretion sees fit. For these (non-profile) uploaded images & videos, you are granting AupairWay a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, and make available the images & videos as AupairWay at its discretion sees fit.

By uploading images & videos to the website, you certify, warrant and agree that you own the copyright in the images & videos.

AupairWay does not own or endorse the images & videos that are uploaded. The accuracy, validity and right to use of all images & videos is assumed by the person who uploaded them, and is not the responsibility of AupairWay. AupairWay disclaims all responsibility and liability for the images & videos posted. The person who uploaded the images & videos warrants that the images & videos shall not contain any ‘viruses’, ‘Trojan horses’ or infected files and shall not contain any inappropriate material and does not infringe any third party (intellectual property, copyright or privacy) rights. Any photo/image/videos that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by AupairWay at any time and without prior notice.

General information provided on the website and disclaimer

AupairWay may provide information relating to rules, regulations and legislation concerning au pairs. The information is provided to the best of available knowledge at the time of writing. The purpose of this is to provide relevant information to members. AupairWay does not assume any liability or provide any guarantees as to the accuracy of the information. Members must make their own enquires through the appropriate authorities as to whether they are legally permitted to host an au pair or as to whether they are legally permitted to work as an au pair in their selected host country.
 
Although we will use reasonable skill and care in providing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct. Nor can we be held responsible for any errors (including intentional and typographical errors), any interruptions, breakdown, repair, upgrade or maintenance of our website, inaccurate, misleading or untrue information or non-delivery of information. AupairWay provides no recommendation or endorsement of the members of the site. AupairWay assumes no responsibility for the accuracy of the information or the images & videos provided by au pairs or host families or the availability of the au pairs or host families. AupairWay is not obliged to verify the profiles of members for any detrimental or adverse effects on the rights of a third party.
 
Our services and information are made available for personal, non-commercial use only. It is not permitted to re-sell, deep-link, copy, monitor (e.g. spider or scrape), display, use, download or reproduce any content, information, software, or services on our website for a commercial or competitive purpose or for any other purpose.

There is no guarantee given, that there are members registered on AupairWay that will match each other’s personal preferences. AupairWay will therefore not be liable if no appropriate match is established within the period of use.

AupairWay is not a party to agreements between members. Any such agreements are undertaken with the exclusion of responsibility and liability on the part of AupairWay. This applies in particular to actions, inactions, inaccuracies, negligence, misrepresentation, deception, fraud, or criminal offences by a member. AupairWay is not responsible if an au pair relationship does not come about in the manner planned.

Members should be aware that all data published on the Internet can be copied. We will endeavour to limit this occurring, however AupairWay will not be liable if profile data published on AupairWay is copied and published elsewhere.
 
The member hereby agrees to provide a full release and agrees to hold harmless and indemnify AupairWay from any claims by third parties arising from the publication of any part of the member’s profile unless the member is not responsible for this damage or loss.

Subject to the limitations set out in these terms of service and to the extent permitted by law, neither we nor any of our officers, employees, representatives, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, (ii) any inaccuracy relating to the (descriptive) information on our website, (iii) the actions or inactions, undertaking or promise of any member on the site, (iv) any (direct, indirect or consequential) damages, losses or costs suffered, incurred or paid by you, pursuant to or in connection with the use, inability to use or delay of this website, or (v) any (personal) injury, fatality, property damage, or other (direct, indirect) damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to any member who maintains a profile on the website.

Intellectual property rights

Unless stated otherwise, the software required for our services or used by our website and the intellectual property rights of the content, information and material on our website are owned by AupairWay, its suppliers or providers. AupairWay exclusively retains ownership of all intellectual property rights, title and interest in the website (including the look and feel) and infrastructure) on which the service is made available. To copy, scrape, (deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand without our express written permission is not permitted. Any such use will constitute a material infringement of our intellectual property rights.

Miscellaneous

To the extent permitted by law, these terms of service and the provision of our services shall be governed by and construed in accordance with United Kingdom law and any dispute arising out of these terms of service and our services shall exclusively be submitted to the competent courts in London, the United Kingdom.
 
The original English version of these terms of service may have been translated into other languages. The translated version is a courtesy and informal translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms of service or inconsistency or discrepancy between the English version and any other language version of these terms of service, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting English language) or shall be sent to you upon your written request.
 
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms of service.

About AupairWay

This online au pair - host family connecting platform is rendered by Camberley Limited, a private limited liability company, incorporated under the laws of the United Kingdom and having its registered office at 71-75 Shelton Street Covent Garden London WC2H 9JQ United Kingdom, and registered with United Kingdom Companies House, company registration number 9466352.



Last Updated 24 March 2017