Findaupair refers to The Cheshire Agency limited
1. Acceptance of Terms and Conditions
These Terms and Conditions will govern your use of Findaupair. By using the site, you are indicating your agreement to be bound by these terms and conditions as such terms may be modified from time to time. These Terms and Conditions govern your use of Findaupair and all services provided in connection with Findaupair. If you do not agree to these Terms and Conditions, please do not register onor enter Findaupair.com. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your registration with Findaupair immediately. Your continued use of Findaupair will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time Findaupair may supplement these Terms and Conditions with additional terms pertaining to specific content or events.
Findaupair is an information service only. Registration and use of any of our services does not create a relationship of agent, employer or employee between Members and Findaupair. Further, all matters which occur between Members, or between Members and other contacts made deriving directly or indirectly from information provided by this web site, are strictly outside the control or responsibility of Findaupair and Findaupair has no liability therefor.
Registration on Findaupair is free. au pairs, nannies and other domestic help do not pay any fee for the use of the work finding service offered by Findaupair.
Findaupair collects and presents personal information on families and au pairs as part of our service to our Members. Members consent to the storage and processing of personal data for the purpose of this site.
Findaupair reserves the right to terminate your Findaupair registration if Findaupair learns that you have provided false or misleading registration information.
4. Modifications of these Terms and Conditions
Findaupair may modify these Terms and Conditions from time to time in its sole discretion. Each time you login to Findaupair, you will be deemed to have accepted any such changes.
5. Modifications to Findaupair
Findaupair may modify Findaupair.com with or without notice to you and without liability to you or any third party.
6. Content of Messages
Be aware that all Information entered in your profile is available to other users of Findaupair. Do not enter any information in your profile that you do not wish to make freely available. You alone are responsible for the content of your information posted to the Findaupair website and the consequences of any such information. Findaupair reserves the right to terminate your service if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
You agree not to use Findaupair to send or post on message boards or any place on Findaupair, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Findaupair. Findaupair reserves the right to delete any such material from the site. Findaupair will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Findaupair You further agree not to use an inappropriate member name of any kind. You agree not to post or use Findaupair to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Findaupair permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not post to Findaupair, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Findaupair is not protected by Rights rests with you. You acknowledge that Findaupair may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of Findaupair, including message boards, you grant Findaupair a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Anything contained herein to the contrary notwithstanding, by submitting content to any message boards or any other area on findaupair, you hereby expressly permit findaupair to identify you as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify findaupair in writing at the time you submit the content that you do not wish to be identified.
7. Third Party Services
Findaupair makes no warranties or representations whatsoever with regard to any goods or services provided by users of Findaupair. You will not consider Findaupair nor will Findaupair be construed as a party to such transactions or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
8. Username and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Findaupair of any unauthorized use of your password.
9. Notification of Any Possible Copyright Infringement
In the event you believe that material or content published on the Findaupair site may infringe on another's or your copyright, please send a detailed message to us via e-mail.
10. Disclaimer of Warranties
You expressly agree that use of Findaupair is at your sole risk. Findaupair is provided on an "as is" and "as available" basis. Findaupair expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
Findaupair makes no warranty that findaupair services will meet your requirements, or that Findaupair will be uninterrupted, timely, secure, or error free; nor does findaupair make any warranty as to the results that may be obtained from the use of the Findaupair website. Findaupair will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of Findaupair.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Findaupair is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that findaupair does not guarantee the accuracy or completeness of any information in or provided in connection with the site. Findaupair is not responsible for any errors or omissions or for the results obtained from the use of such information.
Findaupair shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in findaupair. Your participation is solely at your own risk. No advice or information, whether oral or written, obtained by you from findaupair, its employees, consultants and/or experts shall create any warranty not expressly made herein. Findaupair makes no warranty regarding any transactions entered into through findaupair.
Findaupair is not responsible for the content on the internet or world wide web pages that is contained outside Findaupair site. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Findaupair with respect to such sites.
11. Limitation of Liability
Findaupair shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use Findaupair or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through Findaupair or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles even if Findaupair has been advised of the possibility of such damages.
You agree to indemnify and hold each of Findaupair, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Findaupair, the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflicts of laws provisions. By registering for or entering Findaupair, you consent and submit to the exclusive jurisdiction and venue of the courts located in the United Kingdom .
14. Remedies for Breach of these Terms by You
In the event that Findaupair determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the community of Findaupair, Findaupair reserves the right to (i) warn you via e-mail that you have violated these Terms and Conditions; (ii) delete any content provided by you or your agent(s) to Findaupair; (iii) delete all content provided by you to Findaupair; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Findaupair deems to be appropriate.
If your ability to access Findaupair and/or any other service provided to you by Findaupair is discontinued by Findaupair due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the community of Findaupair, then you agree that you shall not attempt to reregister with or access Findaupair, and/or any other service provided by Findaupair, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Findaupair reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv) and (v) above without any notice or warning to you.
In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Findaupair may assign its rights and obligations under these Terms and Conditions and upon such assignment Findaupair may be relieved of any further obligation hereunder.
You represent to Findaupair that you have the authority to register with or visit Findaupair according to these Terms and Conditions. These Terms and Conditions and any Additional Terms (as such terms shall be identified when posted on Findaupair) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of Findaupair, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.