Terms and Conditions
1.1We are Elcorp Limited trading as "Aupair Match UK". Our company information is at the end of this document.
2.1Capitalised terms have the following meanings in these terms and conditions:
Aupair: Also spelt as Au pair, is a User who uses our Service for the purposes of finding a host family and/or has registered on our Service as an Aupair.
Host Family: A User or a Parent who uses our Service for the purposes of finding an Aupair and/or has registered on our Service as a Host Family
“Matching Services' ' – The services offered to match one Service User with another Service User based on the instructions and requirements they have provided us, for example matching an Aupair with a Host Family.
“Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” – all information of whatever kind (including registration profiles, reviews, posts, comments, documents, audio, video, advertisements, messages) uploaded to our Service (including messages sent via our Service).
“Parent” – a parent or guardian who is a representative of a Host Family, who uses our Service for the purpose of availing of Matching Services and/or has been registered on our Services as a Host Family.
“Service” – our website and any related services.
“User” – persons or organisations using our Service (whether or not registered with us).
“Aupair Contract” – a contract or agreement between a Host Family and an Aupair on what is expected of each party. For example how much pocket money is to be paid by the Host Family and how often, how many babysitting hours is expected of the Aupair and any other duties.
3. Applicability of terms and conditions
3.1Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service you enter a contract with us on the basis of these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in English only.
3.2These terms and conditions apply to all Users.
4. Changes to the terms and conditions
4.1We may change these terms and conditions by giving you at least 15 days' notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and by giving notice by email or text message.
4.2If you don’t agree to the new terms, you can end this contract with effect from 15 days after our notice by emailing us within that period.
5. Right to cancel (“cooling off”)
5.1If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below.
5.2If you do have the right to cancel, the following apply:
Right to cancel
5.3You have the right to cancel this contract within 14 days without giving any reason.
5.4The cancellation period will expire after 14 days from the day of the conclusion of the contract.
5.5To exercise the right to cancel, you must inform us by email to firstname.lastname@example.org of your decision to cancel this contract by a clear statement. You may use the model cancellation form at the end of this document but it is not obligatory.
5.6To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5.7If you cancel this contract, we will reimburse you all payments received from you.
5.8We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
5.9We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.10If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
6. Your right to use our Service
6.1We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you, subject to these terms and conditions.
7. Who can use our Service?
7.1You must not use, or attempt to register on, our Service if:
a)you are registering a company or organisation;
b)you are below 18 years of age; or
c)you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty;
d)you are acting as an agent or intermediary.
7.2Our Service is designed for, and may only be used by, persons who genuinely intend to use the Service to provide or avail of Matching Services.
7.3You must not use, or attempt to register on, our Service if you act as an agency or other intermediary for any childcare or aupair services.
8. Acceptable use of our Service
8.1You agree that you will not, in connection with the Service:
a)breach any applicable law, regulation or code of conduct;
b)behave in a manner, which:
is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
infringes any intellectual property or other rights of others;
involves phishing or scamming or similar; or
we otherwise reasonably consider to be inappropriate;
c)share any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
d)make recordings or screenshots of audio/video interactions without the written consent of all other participants;
e)impersonate any person or entity in order to mislead others;
f)share any Content which links to any third-party websites which are unlawful or contain inappropriate Content;
g)sell access to the Service;
h)use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
i)sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorised by us;
j)use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
k)do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
l)do anything which may negatively affect other Users’ enjoyment of the Service;
m)gain unauthorised access to any part of the Service or equipment used to provide the Service;
n)intercept or modify communications to or from the Service;
o)deliberately exploit any bugs found with the Service;
p)circumvent any security or other features of the Service including features that restrict use or copying of Content;
q)use any automated means to interact with our systems excluding public search engines; or
r)attempt, encourage or assist any of the above.
8.2You must comply with any rules or requirements on our website.
8.3You must promptly comply with any reasonable request or instruction by us in connection with the Service.
8.4You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
9. Your Content (e.g. profiles, reviews and messages)
9.1You are responsible for your Content.
9.2You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
9.3If you post a review, you promise that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that you have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.
9.4If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
9.5We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
9.6As part of the Matching Service, we are required to share some Content you have uploaded with other Users. It is your responsibility to inform us which Content can’t be shared with other users (subject to these terms and conditions). We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control. Do not upload any Content if you are concerned that it may be misused.
9.7We reserve the right in our discretion without notice to edit the text of any profile or other Content uploaded to our Service to ensure it complies with our terms and conditions.
9.8We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for twelve months.
10. Matching Services (very important - we only provide a platform)
10.1Our Service constitutes a neutral platform whereby Host Families can arrange to be matched with an appropriate Aupair. Any Aupair Contracts made between Users are between the respective Host Families and Aupairs and the terms are for the parties to agree. We are not a party to the contract itself. You acknowledge that any legal recourse arising from breach of the Aupair Contract is against the other party to the Aupair Contract and not against us.
10.2Users agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
10.3All Users promise us that they will only use any personal information of other Users strictly in accordance with applicable data protection laws and regulations.
10.4If you have any complaint about another User, you must notify us promptly by email to email@example.com. We may in our discretion try to resolve the dispute but we do not promise to get involved.
11. Dealing with other Users
11.1You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any Users. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
11.2If we state on our Service that a User has provided or can provide documents such as a regulatory registration certificate or criminal records check, we do not guarantee that any such document is accurate or valid or suitable for your purposes. If you are a Parent or Aupair, it is your responsibility to seek access to the document and satisfy yourself including making additional enquiries where appropriate.
11.3You acknowledge that in using the Service you may encounter behaviour which you consider inappropriate. If so, please contact us at firstname.lastname@example.org (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities).
12. Other people’s services/advertising/websites
12.1We may display other peoples’ services, advertising and links to other websites. These may include online training courses, insurance services, payroll services and discount schemes. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
13. Our guidance
13.1We do not guarantee that guidance or other general information which we provide on our Service is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
14. Your account
14.1Once a User is fully registered, they have an account with us containing Content they have given us. Whenever we contact you through any means, letter, email, a phone call or text messages, we believe we are talking to you the User, who is also the account holder. You must not authorise or permit any other person to act on your behalf or talk to us on your behalf, except previously agreed with us. You must notify us immediately of any apparent breach of security such as loss of access to email, theft or loss of phone and other devices used for communicating to us. You are responsible for third parties who use your account or identity.
15.1While registration on our Service is free, match results are available only to Users who have paid a fee. Payment is made in advance before match results are shared. We reserve the right at any time to vary or remove any benefits applicable to Users.
15.2The fee covers up to 6 match results. If after 6 match results have been offered to a User and a match still hasn’t been made, another fee would have to be paid by the User, if they still require our Matching Service.
15.3The prices shown on our website include any applicable VAT unless we say otherwise.
15.4If we have mis-priced any part of our Service, we are not obliged to supply the Service, provided we notify you.
15.5 Ending your registration does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
15.6We may at any time change our registration prices. The new rate takes effect if you apply for a new Matching Service after we post the new prices on our Service.
15.7You must contact us immediately with full details if you dispute any payment.
15.8If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
16. Discount codes
16.1We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 6 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is at our sole discretion.
16.2We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
17.1We supply support to the extent specifically stated on our Service, as may be varied from time to time.
18. Functioning of our Service
18.1We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service.
18.2You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
19. Ending or suspending this contract
19.1You may at any time end this contract by requesting that we close your account. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.) You may close your account at any time by emailing email@example.com.
19.2We are entitled at any time to end this contract if we terminate our Service as a whole or if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
19.3We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
a)you break this contract;
b)you are subject to repeated complaints by other Users and/or negative reviews;
c)any fees due to us are unpaid / unjustifiably charged back;
d)we think that it is necessary to protect us or others;
e)we are required to do so by law or appropriate authority; or
f)you or anyone on your behalf acts inappropriately towards our staff.
19.4If we suspend our Service after a payment has been made to us for a Matching Service, you would not be due a refund. You remain responsible to pay for our Matching Service during the period of suspension, if you were at fault. We are entitled to make resumption of a suspended Service subject to reasonable conditions including payment of a reasonable fee.
19.5If this contract ends:
a)Your right to use our Service and all licences are terminated.
b)Existing rights and liabilities are unaffected.
c)All clauses in this contract which are stated or intended to continue after termination will continue to apply.
d)You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
20. Restrictions on our legal responsibility - very important
20.1The liability of AuPair Match UK is excluded and/or limited from damages from the injury to life, limb or health, inasmuch as these do not arise from a wilful or negligent contractual breach by AuPair Match UK or a wilful or negligent contractual breach by the legal representatives or agents of AuPair Match UK
20.2Very important: If you are a Consumer, we shall not be liable for any loss or damage where:
a)there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b)such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c)(and to the extent that) such loss or damage is caused by you, for example by not complying with this agreement; or
d)such loss or damage relates to a business of yours.
20.3Very important: If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) arising from your breach of this agreement or misuse of our Service.
20.4The following clauses apply only if you are not a Consumer:
a)If you are or were a User who paid for our Matching Services or matching results, our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid by you to us in connection with our Service in the 12 months before the act or omissions complained of.
b)In no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data
(even if we have been advised of the possibility of such losses).
c)You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
d)To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
e)This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
21.Intellectual property rights
21.1The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
21.2Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
21.3You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
21.4If you upload any Content to our Service (including logos, trademarks and brand names), you retain ownership of the intellectual property rights. You allow us at no cost, and forever, to use and adapt all or part of such material however we wish on our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.
22.2You acknowledge that we do not supply Users with access to any personal or other information provided to us or generated by use of our Service other than as explained on our Service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
23. Events outside our control
23.1We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
24.1We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
25. English law
25.1This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/.
26.1We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
27.1If you have any complaints, please contact us via the contact details shown below.
28. Company information
28.1Company name: Elcorp Limited
28.2Trading name: Aupair Match UK
28.3Country of incorporation: England and Wales.
28.4Registered number: 07503014
28.5Registered office: 34 High Road, West Midlands. WV12 4JQ
28.6Other contact information: Website: www.aupairmatchuk.com
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
– I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
– Ordered on [*]/received on [*],
– Name of consumer(s),
– Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate