Terms and Conditions at AuPair.com

The following rules govern the conduct of people who browse and/or create a personal profile on AuPair.com website; hereinafter referred as "users".
Please read the Terms and Conditions carefully before using the Website or the Services.

By using the website or the services as a visitor or as a registered user, you declare that you have understood and accepted the terms of use.

This agreement contains a jurisdiction agreement which obliges you to assert your claims against MultiKultur e.K., operator of AuPair.com, at the registered office of the service provider.

1. Introduction and definitions

1.1 AuPair.com is an online matching website connecting candidates and Host Families from all around the world.

Additionally, AuPair.com provides its services to Au Pair placement agencies which function as intermediates between Au Pairs and Host Families.

Altrhough AuPair.com every user registered as a Host Family, a candidate or an Au Pair placement agency, is allowed to:

Look for and find a matching candidate/Host Family
Create a profile as a potential candidate/Host Family/Au Pair placement agency

1.2 The use of the following features is free of charge for all AuPair.com users:

Registration
Profile finalization (including the option to upload personal photos, references, and cover letters)
For candidates: the possibility to see who visited their profile and, after uploading at least one picture, the chance to send a personalized message
For Host Families: the possibility to see who visited their profile and send standard messages to all candidates

1.3 AuPair.com matching tools give all users the possibility to view only those profiles that meet their requirements and expectations. This is how AuPair.com matching tools work:

Your search criteria define what kind of matching candidates/Host Families are recommended to you
Your job profile defines what kind of candidates/Host Families your application will be recommended to
You can use the quick-search tool to browse profiles without affecting your search criteria

1.4 AuPair.com offers a variety of membership for all users. Both candidates and Host Families can choose one of the payment options to purchase the preferred Premium Membership.

All memberships options include the following benefits

Send and reply to personalized messages to canidates/Host Families
Access candidates’/Host Families’ contact details as described in the Privacy Policy of AuPair.com

Personalized messages are free-form messages, allowing users to freely formulate texts and exchange personal and contact details through AuPair.com.

2. Registration and costs

2.1 These Terms of Service apply to the use of AuPair.com. By registering, the user accepts these Terms and Conditions as an integral part of the contract.

2.2 The user will be blocked without any notice as a conventional penalty for violation of the Terms and Conditions or misuse of the website services.

2.3 Neither the personal profile, nor Membership, can be forwarded to any third party. Every use of a personal account by any third party is prohibited. Any breach will entitle AuPair.com to block the user involved without notice or motivation.

2.4 It is allowed to create a profile for a third party only if it is a profile of a Host Family managed by a family member or friend of the same, appointed by the same to take care of the research. This is allowed only if expressly stated in the description of the job that the candidate will do and in the cover letter published on the profile. The person in charge of managing the profile on AuPair.com must explicitly state that candidates will communicate with her/him and not with the Host Family they will live with.

If this declaration is absent from the profile, AuPair.com will proceed to block the profile and in case a Premium Membership has already been paid, the user will not be entitled to a refund.

2.5 The use of the Premium Membership and all advanced features of the website are available upon payment. The payment is a fixed amount for the entire duration of a fixed period of time. The Premium Membership ends automatically when the period of validity expires without any need of termination. Similar to a personal account, the Premium Membership is not transferable.

Any physical person can register with AuPair.com as a Host Family/canidate with the purpose of finding a suitable match.
Please refer to section 8.5 of this document for more information about the successful provision of Premium Membership.

2.6 Any Au Pair placing agency can register with AuPair.com with the purpose of offering Au Pair placement services.

All data provided in the registration forms during registration must be true, complete and correct. AuPair.com has the right to verify the data provided and request relevant evidence proving provided data is reliable.

2.7 In no way, AuPair.com authorizes its users to use nicknames or fictional names. For any privacy concerns, please read our privacy policy. If, after the registration, the data stored in the profile changes, the profile should be updated immediately. Any breach will entitle AuPair.com to block the user involved without notice or motivation.

2.8 In order to register at AuPair.com the user must be of legal age. Exceptions shall be made in case of candidates, who start searching for a Host Family shortly before turning 18. In this case, the candidate declares that registration is made with the full consent of the candidate’s legal representative.

2.9 If the user’s access is limited due to breach of the duties and obligations of users (please refer to point 3 hereinafter) or misuse of the website services, the user’s account will be blocked without any notice and/or motivation. The unused credit will be retained by AuPair.com and will not be refunded as a conventional penalty for breach of contract.

AuPair.com cannot be held liable for the accuracy of the data given by the users during registration or in their personal profiles or messages and has no obligation to verify the accuracy or reliability of the data provided.

Au Pair.com has the right to contact any member at any time regarding any issue related to the user’s personal profile.

2.10 AuPair.com retains the right not to accept applications from applicants whose chances to find a Host Family are limited.

3. Duties and obligations of users

3.1 The user is solemnly responsible for all published content and has to obey the rules set hereinafter.

Services provided by AuPair.com are strictly for personal use only. Any transmission to third parties is banned. Personal data regarding any user (contact details and personal messages in particular) that were made visible to another user during communication, are strictly confidential and cannot be published or forwarded to a third party.

Every user of AuPair.com is banned from:

Posting or transmitting any defamatory, threatening, obscene, indecent, seditious, abusive, pornographic, scandalous, offensive or illegal material or information.
Creating a profile for another purpose than to find a Host Family, an Au Pair or a candidate of other programs offered on AuPair.com. *
Posting or transmitting any material for which the user has not obtained the necessary license or approvals or which constitutes or encourages conducts that are criminal offences, give rise to civil liability, are contrary to the law or infringe third parties rights.
Spreading viruses, logic bombs, Trojan horses, worms or other malicious software or harmful data

*It is permitted to post job offers within one's home that are not strictly related to child care or elder care to the sole extent that they are legal, do not cause any physical or moral harm, and are not of sexual nature. Premium users who post approved but unrelated to child care or elderly care offers, will have the possibility to send a maximum of 5 messages per day. The ability to receive messages remains unaffected.

3.2 AuPair.com has the right but not the obligation to modify or delete such materials and block accounts.

AuPair.com has the right to draw the same consequences, if the first contact has been made through the website and defamatory, threatening, obscene, indecent, seditious, abusive, pornographic, scandalous or offensive messages have been sent on other messaging systems or platforms.

3.3 Contact details such as phone numbers, email addresses, full names, social media profiles and links to other websites are not allowed in any other field other than fields which are intended for this purpose. Contact details are all details that allow in any way to contact the user beyond the service. Any kind of breach allows AuPair.com to delete the user's personal profile as well as request the Premium Membership payment and/or restoration for damages.

3.4 AuPair.com has the right to request documents and any other kind of evidence proving the provided data correct. If the data is incorrect, unreliable, incomplete or untruthful, AuPair.com has the right to block the user and retain any payment previously made without notice and/or motivation as a conventional penalty for breach of contract.

3.5 If the user does not send the necessary proofs to verify the reliability of his/her account within one week from the request of AuPair.com, the user's profile will be blocked preventively and can only be reactivated after the verification of the required proofs.

3.6 Failure to follow any of the above rules of conduct may result in immediate termination of membership and civil and criminal penalties. AuPair.com has the right to block the user and retain the money paid for premium services without notice and/or motivation as a conventional penalty for breach of contract.

3.7 For his/her own safety, each user agrees to sign an employment/Au Pair contract before entering the host family or hosting a candidate. Before signing the contract, the user agrees to conduct at least 3 video interviews with the other party. The questions to be asked in the video interview are described here.

3.8 By using our service, you agree to follow AuPair.com’s security and safety recommendations to ensure a secure and safe environment for all users.

3.9 US Host Families or candidates who wish to participate in the Au Pair program in the USA are obliged to register with a legal agency approved by the US government and to organize the Au Pair stay only via such an agency. Placement in the US through AuPair.com only is strictly forbidden. Users who disregard this regulation will be blocked from using our platform.

4. Service information

4.1 The service provided by AuPair.com is limited by current availability of the present technologies. Users must be aware that the present technology may not be free from mistakes.

4.2 The right to access the services does not exist at any time. In case of system failure there is no right for damages/losses compensation, restoration or restitution of any money already paid. AuPair.com tries to ensure that the website is available continuously. If the website is not available for any reason, AuPair.com cannot be held responsible.

4.3 Access to AuPair.com may be limited without any notice in case of system failure, maintenance, repair or other reasons.

5. Connections to and from other websites

AuPair.com has no influence or responsibility for the design and/or the content of any linked website and has no obligation to check its content. AuPair.com is not responsible for any inappropriate, offensive, infringing or technically harmful content stored on any of the linked websites.

6. Warranties

6.1 The information and materials uploaded on the website by users, including text, graphics, information, links or other items are provided without warranty of any kind.

6.2 Any opinions, advice, statements, offers or other information or content provided through our service by users or any third parties, but not directly by AuPair.com, are those of the respective authors and should not necessarily be relied upon. The responsibility for such content remains solely on the authors.

AuPair.com does not:

Guarantee the accuracy, adequacy or completeness of such information and materials;
Bear responsibility or liability for the accuracy or reliability of any opinion, advice or statement made by any party other than AuPair.com;
Provide warranties that use of the website or services will be secure, always available, free of computer viruses, uninterrupted or error-free, or that defects in the services will be corrected;

6.3 AuPair.com provides no explicit or implied warranties as to the suitability of any user of our website to provide services as an Au Pair or to use the services as a Host Family.

6.4 AuPair.com cannot be held responsible if, despite the use of the service, the search has not been successful.

6.5 AuPair.com has no duty to verify if information provided by the users is infringing any third parties’ rights or if personal data provided through profiles, messages (or other) is copied, transferred, published or forwarded in any way.

6.6 In the event of a user's profile being reported, or if our automated monitoring system intercepts suspected misuse of our messaging system, our employees are instructed to monitor and read the messages sent by the user in question.

Users are kindly requested to review our Privacy Policy.

7. Assumption of risks

7.1 Although AuPair.com takes certain measures to promote the security of our website and services, the use of an online platform such as AuPair.com involves certain risks.

7.2 AuPair.com does not train, supervise or monitor applicants or job providers, and cannot guarantee that users’ interactions with other registered users or visitors of the platform will always be safe or respectful.

7.3 Users agree to bear all risks associated with the use of the website and its services, including but not limited to injury, illness, any form of harassment, including sexual abuse, death, and all other risks associated with online or offline interactions with other users of the website or its services.

7.4 The users should not rely solely on the steps taken by AuPair.com to screen or monitor users and/or their content. The users agree to take all necessary precautions, including but not limited to, reviewing AuPair.com's recommendations, when interacting with users or visitors to the website.

8. Liability and Incidental Damages

8.1 All information provided through AuPair.com should be considered informative material for users. AuPair.com is not responsible for the accuracy, or the truthfulness, completeness or timeliness of the information provided. The users must verify the accuracy of the required information themselves.

8.2 Any advice posted on the website is intended for informational purposes only and cannot be a substitute for professional financial, medical, legal or other advice.

8.3 In no event will AuPair.com be liable for any direct, indirect, general, special, compensatory, consequential, incidental or any other damages arising out of the use or inability to use the website or the services as well as any agreement or relationship between the users.

8.4 AuPair.com is not liable for actions not originating from AuPair.com or that take place between users outside the website or offline.

8.5 AuPair.com is not responsible for any kind of loss or damage that may arise from fraud or scam attempts through the website AuPair.com.

8.6 AuPair.com's total liability for any damage, loss or expense arising out of this agreement or users’ utilization of the services should not exceed the price a user paid for their Premium Membership or, in case a user did not pay AuPair.com for the use of the services, the sum of €40.

8.7 AuPair.com is not liable for unauthorized access by third parties to the personal data of the user (such as by hackers), or for any messages or information posted by third parties.

9. Deactivation, termination or cancellation of use

9.1 The account of each registered user may be deactivated at any time – a deactivated account is neither visible nor available to all the other users.

9.2 The account of each user may be deleted by the user at any time – a deleted account is irretrievable and all information and data stored are irreversibly removed.

9.3 Each user has the right to cancel the account without specifying any reason. If the user cancels the Premium Membership and demands a refund of the Premium Membership payment, the cancellation notice must be submitted in writing within14 days after the start date of the Premium Membership. To exercise the right of refund, the refund policy must be fulfilled.

9.4 Refund policy: in case the user would like to cancel the Premium Membership within 14 days after payment, the money will be refunded.

If the Premium Membership services have been used, AuPair.com will not refund the payment and retain it as a compensation for the services used.
If the account has been deleted and therefore all the information stored is irretrievably removed, it is not possible to prove whether the refund policy has been fulfilled. Thus, a refund will not be granted.

All users are requested to carefully read our refund policy before purchasing a Premium Membership.

9.5 The Premium Membership is considered provided if:

Host Families send or reply to personalized messages or if any contact data has been exchanged through personalized messages, which enable users to communicate outside the scope of AuPair.com.
Candidates have sent any messages after the account has been upgraded to Premium Membership.
The user has access to AuPair.com’s Premium documents protected by a password.

AuPair.com has the right to block the user at any time and without motivation if he/she does not give consent to the Privacy Policy or if he/she withdraws the consent.

9.6 In case of any breach of the Terms and Conditions listed, or in case of any breach of rights, laws, or third party’s rights enforceable in the Federal Republic of Germany, AuPair.com has the right to block the user at any time and without notice or motivation and any payment previously made will be retained by AuPair.com as a conventional penalty for breach of contract.

9.7 The administration of AuPair.com has the right to delete an account if it doesn't match the user's status (candidate, agency or Host Family).

9.8 AuPair.com has the right to change the Terms and Conditions at any time and will inform the users through email.

9.9 The laws applicable are the laws of the Federal Republic of Germany and the applicable European Union Laws.

The place of jurisdiction for all disputes arising from the contract or concerning its effectiveness is the court responsible for the registered office of MultiKultur e.K., operator of AuPair.com. Place of performance and jurisdiction is exclusively Cologne, Germany.

If you do not accept this jurisdiction agreement, you agree to delete your profile and all data from AuPair.com and not to visit the website anymore.

9.10 If any provision of the contract is entirely or partially invalid, or should the contract contain a loophole, the validity of the remaining provisions or the remaining valid parts of the provisions are to be considered valid.

The date of the latest change: July 25, 2023