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Terms of Service

Terms & conditions of use of the Aupair-in-Germany.de internet portal

The Agency Aupair-in-Germany.de Eduard Bourtmann, Regensburger Strasse 6, 85055 Ingolstadt is named in the following text as "Aupair-in-Germany.de as the operator of the web presence of Aupair-in-Germany.de and as contractor of all users. The following text describes as “user” each person who is whether registered or is a visitor on the websites of Aupair-in-Germany.de.


§ 1 Scope

1. The scope of the Terms and conditions of use of the Aupair-in-Germany.de extends to all registered users and all unregistered visitors of the website.
2. By visiting the website of Aupair-in-Germany.de each user accepts the Terms of the latest in its registry.
3. If a user doesn`t agree with these Terms, he/she has to leave immediately all Internet sites of Aupair-in-Germany.de.
4. Only these Terms apply for all users of Aupair-in-Germany.de, even if the use or access takes place outside of the Federal Republic of Germany.
5. Additional agreements have to be in writing.
6. There is no right to use the Internet offer of Aupair-in-Germany.de.


§2 Authorised users

1. All natural persons who are looking for Aupair, Change-Aupair, or Host family are authorized to use the Aupair-in-Germany.de.

2. The registration with Aupair-in-Germany.de for commercial purposes, even indirectly, and for the purpose of advertising or promotion of any services or products is forbidden without the permission of the Aupair-in-Germany.de. In particular, the registration on Aupair-in-Germany.de is forbidden for owners and employees of aupair agencies and their marriage or life partners. If owners and employees of aupair agencies as well as other competitors register with Aupair-in-Germany.de despite this prohibition, they are obligated to pay a contractual penalty of EUR 5000 (five thousand Euro) for each individual case. This contractual penalty is to be paid independently of the actual damage. In addition to this penalty Aupair-in-Germany.de reserves the right to sue for compensation.
 

§ 3 Object of agreement


The service of the Aupair-in-Germany.de results from the present terms and conditions.

1. The Aupair-in-Germany.de offers the following free services:
Providing a database for Aupairs, Change-Aupairs and host families. After free registration users get the possibility to publish own profile and to take access to the database of registered users. The registration and database searches are free for all users.

2. Aupair-in-Germany.de offers the following paid services, the user can choose after her/his registration:

• Use of Gold-Membership:
- A user fee is due when a user would like to contact other registered users. As a user of the Gold-Membership you get direct access to contact information (phone numbers, email addresses and postal addresses) of the registered Aupairs or host families and take the contact itself. User have to arrange every further procedures (invitation, contracts ...). There are no further charges of Aupair-in-Germany.de. Subject of the contract is explicitly not the mediation of an employment relationship.

- Alternatively, it is possible for families from Germany with the gold membership to sign the Treaty of Conciliation of "Aupair-in-Germany.de" as a classical aupair agency with the task, with mitigation of each incurring costs to the cost of the Gold Membership.

Prices for the Gold-Membership and other fees can be found on the site costs.

All our fees are net charges. (§19 1 UstG).


§ 4 Obligations and responsibilities of the user

1. The user is responsible for the content of its registration, and he is also solely responsible for the information he provides. He assured the accuracy, completeness, timeliness and legality of its registration and the profile information and commits itself not to be violated against the content of his profile, regulations, official bans and morality. In particular, the user ensures that data used by him do not intervene in the rights of other and not against public security and order and good faith.

2. The user is also obliged
a. to keep his access data, e-mails and other messages confidential;
b. not to name his addresses, telephone / fax numbers and in particular, e-mail addresses, website addresses, etc, provided that such information not specifically sought by Aupair-in-Germany.de;
c. not to load up data, containing a virus and / or software or other material that is copyrighted, unless the user has the permission or the consent statement;
d. to exclude Aupair-in-Germany.de from all claims of other users or any third party that may make Aupair-in-Germany.de responsible for violation of their rights by using texts, content and images, set by the user in Aupair-in-Germany.de;
e. to exclude Aupair-in-Germany.de from all claims of other users or any third party, if the use of trademarks and copyrights of the user is not allowed;
f. not to intercept e-mails shocks and not to try this;
g. to use the service of Aupair-in-Germany.de solely for personal use. The disclosure of the possibility of using Aupair-in-Germany.de and access of data and in particular the user's contact details made available to other users or third parties, are for each user prohibited.
h. not to pursue commercial objectives;
i. for any damage which Aupair-in-Germany.de is created and / or will arise in any way from the publication of his profile, unless the user can not be held for this damage;
j. to take the responsibility for all the mistakes or negligence in his published profile in Aupair Germany.de;
k. to exclude Aupair-in-Germany.de from the responsibility for all agreements, particularly for all the mistakes, negligence or criminal offenses by a user
l. to follow fully the Aupair rules of the respective host country.

3. Failure to comply with any of the obligations behavior named in § 4 can lead to a prompt and immediate termination of contractual relations through Aupair-in-Germany.de, and also to civil and possibly criminal consequences. In this context, Aupair-in-Germany.de reserves the right to exclude the user of its service, if according to Aupair-in-Germany.de the user disseminates Minors, immoral, religious or political content or photographs.

4. It is not possible for Aupair-in-Germany.de to check all profile contents of the users. There are sample checks or checks are made by tips of other users. Profile contents can be deleted or moved without notice. The user is responsible for all uploaded files (video, images) he/she makes.
 
5. At any time Aupair-in-Germany.de is entitled to stop its services in whole or in part for individual users, without giving any reasons.


§ 5 Caveat emptor

1. Aupair-in-Germany.de gives Gold-Members just the possibility to get the contact data of the requested user category.

2. Aupair-in-Germany.de offers the service without assurances or guarantees and assumes no liability for the availability of the user, especially not that there comes a contact or a working relationship between the users.

3. The user shall ensure at his own responsibility that the current legal requirements of his/her person are met in the place of the working relationship.

4. If it comes to data loss by Aupair-in-Germany.de, the user of the Gold-Membership is entitled to make a new profile to get a new Gold-Membership.

§ 6 Independent service providers


1. Services that third parties offer on the homepage of Aupair-in-Germany.de, may require additional conditions for the user and may be charge.

2. The user is required to be informed about the Terms and Conditions and prices by a third party prior to the use of such services. Aupair-in-Germany.de is neither party nor a representative of a transaction between users and any third party.

3. Aupair-in-Germany.de assumes no liability for the accuracy and reliability of information, opinions or other communications of these providers, unless Aupair-in-Germany.de and / or agents of aupair-in-Germany.de acted intentionally or grossly negligent.

§ 7 Operation

Aupair-in-Germany.de is entitled but not obliged to review the content of the texts as well as submitted photos or graphic files of users for compliance with the general laws or these Terms and - if necessary - not to publish the content. In addition, Aupair-in-Germany.de demands a particularly high quality, safety and level of their services. In this context, Aupair-in-Germany.de reserves explicitly the right to exclude a publication, for example of Photos or graphic files that not meet the exacting demands of the users of Aupair-in-Germany.de.

§ 8 Cancellation and termination

1. The user can delete its registration at any time.

2. The User shall be entitled to cancel his/her payment for the Gold-Membership in writing within a period of two weeks after he/she has submitted his/her payment without giving reasons, but only if the user have not already viewed any aupair or family profile after activation of his/her Gold-Membership. The payment for the Gold-Membership can not be refunded then.

3. Aupair-in-Germany.de reserves the right to block users. The blocked user may no further use Aupair-in-Germany.de no further use and is not allowed to register again.


§ 9 Limitation of liability


1. Aupair-in-Germany.de disclaims any liability for any financial or other non-physical damage that can be associated with the service of Aupair-in-Germany.de, unless their agents and / or legal representative of Aupair-in-Germany.de caused the damage intentionally or grossly negligently.

2. The available articles in Aupair-in-Germany.de about current rules and laws are aimed at informing users. There is no liability or guarantees of Aupair-in-Germany.de for the accuracy, completeness or timeliness of the information offered on Aupair-in-Germany.de.

3. Furthermore, Aupair-in-Germany.de can not be hold responsible neither for false information of the user, nor for technical reasons, transmission delays or failures, unless Aupair-in-Germany.de causes such information or transmission delays or failures in willful or grossly negligent manner.

4. Aupair-in-Germany.de is not liable for the availability of the system as well as systemic failures, interruptions and / or disorders of the technical installations and service of Aupair-in-Germany.de, where these symptoms are outside the influence area of Aupair-in-Germany.de. Specifically Aupair-in-Germany.de is not responsible for disturbances in the quality of access to the service of Aupair-in-Germany.de due to force majeure or due to events, the Aupair-in-Germany.de is not responsible, in particular for the failure of communication networks and gateways. Aupair-in-Germany.de disclaims any liability for minor interruptions of service in principle.

5. Aupair-in-Germany.de disclaims any liability to user for damages caused of computer viruses and other harmful programs and files that could be reached to his/her computer of the homepage of Aupair-in-Germany.de.

6. Furthermore Aupair-in-Germany.de disclaims any liability of any unauthorized third parties from obtaining personal information of users (eg as a result of unauthorized access by "hackers" on the database), unless Aupair-in-Germany.de and / or agents of Aupair-in-Germany.de have caused the unauthorized acquisition of personal data by third parties intentionally or grossly negligently.

7. Aupair-in-Germany.de is not liable for any additional costs incurred by the user.

8. The liability is limited on the predictable, typically occurring damage.
 

§ 10 Privacy Policy

This Privacy Policy complements the "Terms and Conditions for use of “Aupair-in-Germany.de".

The security and protection of data of user is for Aupair-in-Germany.de a particular concern:

1. To perform the service of Aupair-in-Germany.de the personal data of users is collected, processed, used and stored as registration data.

2. Your password is not available in any circumstances and any time for all users of Aupair-in-Germany.de. Aupair-in-Germany.de will give this data in no case to another party and / or give this data third parties.

3. Each user must fill in some required fields by registration. The information in these fields and the voluntary fields is for other users of Aupair-in-Germany.de with Gold-Membership all fully available.

4. In addition to the registration data the user can put additional voluntary information in his profile, which allows other users to learn more about this user. The voluntary information provided by the user is available for all other users.

5. For all the users without Gold-Membership and for all the visitors of Aupair-in-Germany.de are available all required data and voluntary information, except the following information:
    • Phone
    • Email
    • Mobile
    • Fax
    • Skype
    • Home address
    • Street, number

6. Any registered user can call up its profile and view and edit its data.
 
7. In each profile, there are available the following personal statistics for all users at any time:

• number of visitor profile
• date of registration
• date of last login
• Gold-Member status

8. Aupair-in-Germany.de will conscientiously strive to privacy. However, it is the largely task of the user, to ensure for the safety of his self-reported data to the Internet.

9. Aupair-in-Germany.de treats confidential the personal data of the user and make them only available for third parties, as shown by the in the Federal Republic of Germany applicable privacy policy is approved.

10. The user agrees with his registration with Aupair-in-Germany.de, that his/her contact information is available for other registered users of the Gold-Membership, for Aupair-in Germany.de and for third party if it is necessary for the mediation.

11. Furthermore, the user agrees that Aupair-in-Germany.de electronically stores, uses or let use, and processes or let process the data of the profile of a user for the purpose of the analysis to improve the services and needs-oriented design.

12. The user agrees to that the payment of the fee-paying services of Aupair-in-Germany.de can be provided via an Aupair-in-Germany.de authorized service provider (eg PayPal).

13. The user agrees that the service and the sending of messages from Aupair-in-Germany.de of an Aupair-in-Germany.de authorized service providers (hosting) can be provided.

14. In addition, the user declares expressly the acceptance of these conditions consent to receive e-mails and newsletters from Aupair-in-Germany.de.

15. At any time the user can end receive newsletter by email by unsubscribe link at the end of each newsletter.

16. Aupair-in-Germany.de uses after the log-in of a user (with email and password) so-called cookies, with which the user can be identified for the duration of his visit. A cookie is stored on your computer, and after leaving the browser will be automatically deleted.

17. At any time the user can end receive newsletter by email by unsubscribe link at the end of each newsletter.

18. Aupair-in-Germany.de reserves the right to modify this Privacy Policy at any time, if the changes are detected later because of loopholes, or if Aupair-in-Germany.de requires new services.

19. This Privacy Policy may be load and printed from each site of the Aupair-in-Germany.de under the link "Privacy Policy".


§ 11 Final Conditions

1. Unauthorized changes or additions to these Terms must be in writing. This also applies to the amendment of this condition.
 
2. 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.
 
3. Place of performance and jurisdiction is Stuttgart, Federal Republic of Germany. Aupair-in-Germany.de reserves the right to sue the user at any other permissible place of jurisdiction as well.

4. There are no verbal ancillary agreements.

5. Aupair-in-Germany.de reserves the right to change these Terms and Conditions at any time without giving any reason to change. The user accepts the actual Terms and Conditions with each log-in.