Thursday 24th July 2008

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Terms & Conditions

Definitions

(a) Website - this site www.eaupairs.co.uk

(b) Family - Host family seeking an Au pair

(c) Au pair - a young person aged between 17 to 27 available for au pair duties within the United Kingdom.

(d) Member - an Au pair or Host family registered at eaupairs.co.uk.

(e) Visitor - Visitor to the eaupairs.co.uk web site that is not registered.

Introduction

Welcome to the eaupairs.co.uk web site (a "Service"), provided to you by Childcare online. These Terms of Service govern your use of this site and its Services. Your use of this site and our Services constitutes acceptance of these Terms of Service and creates a legally binding agreement for the provision of services on the eaupairs.co.uk website and you. Please read carefully. We reserve the right to change these terms so please read periodically.

Families joining as registered members on the website confirm that the primary member (person registering) is 18 year of age or older and that you agree to provide true and accurate information as prompted by the registration form.

Au pairs registering on the website agree that you are between the ages of 17 and 27 and that you agree to provide true and accurate information as prompted by the registration form.

eaupairs.co.uk claims no ownership rights to any information or image contained in your profile. For the sole purpose of displaying your images and personal information throughout the website, you grant to eaupairs.co.uk a non-exclusive, licence to copy, distribute, display and present such images and information through the website, accessible via the Internet and through search engines that index eaupairs.co.uk.

Basis of Contract

(a) eaupairs.co.uk agree to provide and maintain the eaupairs.co.uk website. 

(b) Au pairs and Families, by using the eaupairs.co.uk website agree to abide by these terms and conditions.

(c) Au pairs and Families by registering at eaupairs.co.uk agree that your details are displayed on the eaupairs.co.uk website to both visitors and members.

(d) Members must keep their membership details up to date.  It is important that members notify admin@eaupairs.co.uk with any changes to your email address immediately or delivery of messages and mail forwarded to you will not be guaranteed.  eaupairs.co.uk will not accept responsibility or liability for the loss of any mail under the above circumstances.

(e) Au pair and Family members are responsible for your interaction with other members.

(f) Families employing au pairs found through the eaupairs.co.uk website will be responsible for ensuring the suitability of the Au pair.  It is the Families responsibility to check references and perform any necessary police checks.  eaupairs.co.uk do not accept any liability for the choice and suitability of the Au pair selected by the family.

(g) Family Members will not have the facility to contact au pairs or use the messaging service until the account is upgraded to "Premier" status and eaupairs.co.uk has received cleared payment in full. You may however receive ‘Hotlist Emails’ from Au pairs to say they are interested in working for you.

(h) Au pair Members will have the facility to use the messaging service, messages are stored within our online database and families will have the facility to read & send messages when upgraded to "Premier" status.

(i) eaupairs.co.uk reserves the rights to maintain the membership database and remove for any reason information, photographs and any other material posted by Au Pairs and Families.

(j) eaupairs.co.uk reserve the right to refuse membership to eaupairs.co.uk for any reason.

(k) eaupairs.co.uk reserve the right to vary these Terms and Conditions at anytime.  We will post notice of updates in the member’s area of the Terms and Conditions.  It is the Members responsibility to review the terms and conditions.

(l) eaupairs.co.uk is a continually improving and evolving website.  eaupairs.co.uk therefore reserve the right to change the website and to the Service as deemed necessary or desirable.

Payment and Pricing

(a) Registration on eaupairs.co.uk is free.  Registration and therefore membership does not allow for full access to the service.  The member’s service is detailed below:

(b) Family Members have their public details posted on the website and can search and review the eaupairs.co.uk Au pair Member database.  Premier upgrade is required to contact au pairs and to use the eaupairs.co.uk messaging service.

(c) Au Pair Members have their details posted on the website and can search and review the Family Members within the Au pair Member database.  Au pair Members have the facility to send a ‘virtual invite’ to families to say they are interested in your job opportunity, once you have upgraded to ‘premier’ membership you will be able to send and received messages via the messaging system.

(d) Family members upgrading to the "Premier" status account are given full access to the eaupairs.co.uk service.  This allows families to contact au pairs via contact details or the internal messaging system. 

(e) eaupairs.co.uk utilise WorldPay merchant services for all payments to eaupairs.co.uk.  WorldPay offer a secure environment for on line Credit/Debit card transactions.  Payment is made via secure server, which is encrypted for your security. An alternative method of payment may be offered using the Pay pal services owned by ebay.

(f) All payments are made in Great British Pounds (£ Sterling) or Euros.

(g) Upgrade to Premier Membership will only be accepted once eaupairs.co.uk has received notification from payment gateway that the transaction is cleared.  (This is usually instantaneous and therefore does not delay the transaction).

Refund Policy

There are no refunds on memberships. Once eaupairs.co.uk has received payment, you are granted full access to the Au pair contact database. Paid memberships cannot be put on hold and "banked" for use at a later time. If you ‘suspend’ your account, your membership will still expire based on the number of consecutive calendar days from the date your membership took effect. If you ‘suspend’ or cancel your account prior to the end of your membership period, eaupairs.co.uk does not provide a prorated refund. Membership sales are final.

Termination

(a) Families and Au pairs may ‘suspend’ membership at any time via the members area.  Suspending your account will remove your profile from view to other members and suspend any matches sent by email.

(b) eaupairs.co.uk reserve the right to ‘suspend’ membership in the event that you have not Logged In for a period of 90 days. 

(c) eaupairs.co.uk reserve the right to terminate both Family and Au pair membership if the information supplied during eaupairs.co.uk registration is found to be untrue or if you are in breach of this contract.

(d) Anyone making a fraudulent payment will be removed from the eaupairs.co.uk database and the information supplied to the appropriate authorities.

Intellectual Property Rights

(a) All copyright and design rights are owned by eaupairs.co.uk

(b) By using this website visitors and members agree to the copyright and will not duplicate or publish any part of the site including images, descriptions or content without the prior written consent of eaupairs.co.uk

Confidentiality

(a) eaupairs.co.uk provide a secure environment for Families and Au pairs to contact each other. Family’s direct contact details are only shown to Au pairs should you choose to enable this option.

(b) eaupairs.co.uk do not pass on your details to any third party or mailing list.

Limitations of Liability

(a) eaupairs.co.uk do not accept liability for any false, inaccurate and/or misleading information posted by any Member or computer hacker or other third party in their profile.

(b) eaupairs.co.uk do not accept liability for the suitability of any member (au pair or family).  It is the responsibility of the member to check the suitability before agreeing to provide/employ the services to another member.  eaupairs.co.uk recommend that Family Members check references and perform police checks prior to employing an au pair.

(c) eaupairs.co.uk do not guarantee the availability of another member while listed within the eaupairs.co.uk Database.

(d) eaupairs.co.uk is only a venue. This Web Site acts as a venue for prospective employers of au pairs to post au pair opportunities and au pair candidates to post profiles and does not screen or censor the listings offered. Eaupairs.co.uk is not involved in the actual transaction between such prospective employers and the respective au pair candidates. As a result, eaupairs.co.uk has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of prospective employers to offer job opportunities to candidates or the ability of the au pair candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the website.

(e) Because user authentication on the Internet is difficult, eaupairs.co.uk cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on eaupairs.co.uk, in the event that you have a dispute with one or more users, you release eaupairs.co.uk (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(f) We are under no legal obligation to, and generally do not, control the information provided by other users, which is made available through the website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this website and that each person submitting a posting to the website will be mindful and in full compliance with the associated pertinent legal obligations and restrictions.

(g) The Material may contain inaccuracies or typographical errors. eaupairs.co.uk makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your Conduct

Unacceptable actions, conditions and content on this site, listed below, will constitute grounds for blocking your access to this site, removal of posted material and cancellation of your registration and or membership without refund. As condition of your use of this site and eaupairs.co.uk service, you agree that you shall not:

(a) Include your last name or enter your personal contact information such as an email address, ICQ number, chat address or personal web page address in any photo, image or text field which does not specifically request such information;

(b) Attempt to subvert the membership system or direct users to any other web site, location or directory where your contact information may be obtained;

(c) Upload or post any information or advertisement that may be considered as competitive to the s eaupairs.co.uk service. Solicitation for services by any means, other than those offered or directly approved by eaupairs.co.uk, to its registered users or Members is strictly forbidden. And under no circumstances shall the harvesting and commercial re-use of emails be allowed;

(d) Share your membership or contact information with any other person or disclose your password to any third parties or share it with any third parties. If, despite the foregoing, you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf;

(e) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, discriminatory or otherwise objectionable;

(f) Create or maintain more than one active profile at a time. Each family or au pair is allowed only one active profile in the
eaupairs.co.uk database at any one time;

(g) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(h) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;

(I) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;

(j) Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;

(k) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography of any kind, or any other material that could give rise to any civil or criminal liability under applicable United Kingdom law.

(l) Have been convicted of any sexual or criminal offence in the past 10 years;

(m) Harm minors in any way.

 


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