Terms of Use

These Terms of Use ("these Terms") govern your use of our website/s located at and http://www.thebestaupairblog.com ("this Site") for any services provided by us including but not limited to facilitating contact between persons who wish to provide au pair services and families which wish to access such services ("the Services") and form a binding contractual agreement between you, the user of this Site, and us, Jebroom Pty Ltd A.B.N. 64 147 746 558 Trading as TheBestAupair.

Some countries require au pairs and/or families to register with approved agencies. We are not an au pair agency.

These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Site. You can contact us on by email at support@thebestaupair.com.

By using this Site you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to these Terms, you must not use this Site.

Licence to us this Site

1.1

We grant you a non-exclusive, world-wide, non-transferable licence to use this Site in accordance with these Terms.

1.2

You may access and use this Site in the normal manner and may also download documents and other files within this Site for your own personal, non-commercial use.

1.3

In this paragraph 1.3 and elsewhere in these Terms, if applicable, "Content" means information, material, content, language, imagery, links or other similar things and "post" and "posting" means posting, uploading, contributing, submitting, transmitting, publishing or otherwise disseminating. You must not post any Content on or through this Site:-

1.3.1	unless you hold all necessary rights, licences and consents to do so;
1.3.2	that would cause you or us to breach any law, regulation, rule, code or other legal obligation; or
1.3.3	that would bring us or this Site into disrepute.

1.4

If this Site contains Content posted by people other than us, we do not endorse, sponsor or approve any such user generated Content or any Content available on any such linked website.

1.5

You acknowledge and agree that:-

1.5.1	we retain complete control over this Site and we may alter, amend or cease operation of this Site at any time in our sole discretion; and
1.5.2	this Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

Eligibility

2.1

You must be at least 18 years old to use this Site and to register for the Services.

2.2

You must not be disqualified by reason or any criminal conviction or otherwise from providing au pair services or any other services if you intend to provide such services.

2.3

By using this Site you warrant to us that you are eligible to do so under paragraphs 2.1 and 2.2 of these Terms.

Membership

3.1	In order to become a member and use this Site, you must open an Account. For the purposes of these Terms, the words "member" and "membership" mean being an account holder whose rights and obligations are as set out in these Terms and those words do not give you any additional rights which a member may acquire as a member of a group or an organisation.
3.2	You do not have to subscribe to a paid membership for listing your profile on this Site. By opening an Account solely for the purpose of listing your profile, you will become a free member. A free member is not entitled to download documents and other files within this Site.
3.3	However, you will be required to subscribe to a paid membership for a specific subscription period to use some of the Services.
3.4	You must not create or maintain more than one active profile at any time. Each au pair and each family which registers on this Site is only allowed one active profile at any one time.
3.5	We recommend that au pairs who wish to subscribe to our AupairConnect membership should email us at support@thebestaupair.com to check if we have any contact information for their destination prior to subscribing.
3.6	Apart from membership subscriptions we do not require payment of any placement fees to us.
3.7	If you subscribe to a paid membership and it expires, your profile will remain on this Site and your membership will become a free membership until you deactivate your Account. You may deactivate your Account by using the "Update Status" section on the My Account Page.

3.8	We reserve the right to delete your profile if you become an inactive member for a period exceeding 18 months.
4.	Refund Policy
4.1	We do not refund the whole or any part of Premium membership subscriptions and PowerSearch subscriptions for any reason including but not limited to your failure to use the Services, you deactivating your profile or cancelling your Account.
4.2	Your membership will expire at the end of the relevant subscription period whether or not you have used the Services during that period.
4.3	For AupairConnect membership, we will refund 50% of the membership subscription if we are unable to provide contact information for at least one au pair for your stated destination. We retain the other 50% to cover our administration and other costs.
5.	Contact Information
5.1	In this paragraph 5 and elsewhere in these Terms, if applicable, "Contact Information" means your surname, telephone numbers, email address, Facebook name, Twitter name, Skype name or any other method provided by you for contact purposes.

5.2

You may not enter your Contact Information in any part of this Site that does not explicitly request you to do so. If you enter your Contact Information in any other part of this Site, we will temporarily remove your profile from this Site and contact you. If you breach this paragraph 5.2 on more than one occasion, we will permanently remove your profile from this Site and in the event of you being a paid member you will not be entitled to a refund of the whole or any part of your membership subscription.

5.3

You acknowledge and agree that:-

5.3.1

we may transfer your Contact Information and any other personal information which you provide to us to any other websites operated by us and may share all such information with third parties employed by us in connection with the Services;

5.3.2

we may disclose your Contact Information and any other personal information which you provide to us to other users of this Site in connection with the Services;

5.3.3

we may also disclose your Contact Information and any other personal information which you provide to us if required or if we are permitted to do so or if we in our absolute discretion believe disclosure to be necessary in order to:-

5.3.3.1	comply with legal obligations imposed upon us or in connection with legal processes;
5.3.3.2	protect life and for health and safety reasons; and
5.3.3.3	to protect or defend our rights.

5.4

This Site is not hosted in Australia.

5.5

For that reason, we transfer all data on this Site (including all personal information) to our hosting service provider in the United States of America. You hereby consent to this transfer.

Information, Content etc

6.1

You will be personally and solely responsible and liable for all Content which you post on or through this Site and with regard to your interactions with other persons on this Site.

6.2

You must not post Content on or through this Site that:-

6.2.1	promotes racism, hatred, bigotry, blasphemy, discrimination, encourages violence against any person or groups or any illegal or unlawful activities;
6.2.2	is abusive, offensive, obscene, vulgar, harmful, threatening, harassing, sexually explicit, defamatory, fraudulent or otherwise unlawful or objectionable including but not limited to child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations;
6.2.3	is inaccurate, misleading or false and if any Content which you post subsequently becomes inaccurate, misleading or false, you must promptly notify us by making all necessary corrections;
6.2.4	infringes or violates another person's legal and moral rights including but not limited to intellectual property rights and rights of privacy and publicity;
6.2.5	you do not have a right to post including but not limited to Content which you are prohibited by law or under contractual or fiduciary relationships (such as insider information and proprietary and confidential information) from posting or which infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any person;
6.2.6	solicits any relationship other than that of employer/employee relating to being an au pair, providing other child or senior care services or pet sitting services;
6.2.7	contains viruses, Trojan horses, worms, time bombs, computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or other harmful or disruptive mechanisms or devices which may cause financial or other loss to us and others; and
6.2.8	constitutes phishing, trolling, junk mail or which breaches any legislation relating to spam emails or which amounts to similar unlawful conduct.

6.3

You assume and accept all risk when using this Site and interacting with other users of this Site and acknowledge and agree that we are unable to guarantee the accuracy or veracity of information provided to you by or about other users of this Site.

6.4

You must not post on or through this Site any Content that may be considered to be in competition to our business.

6.5

You must not forge headers, logos or otherwise manipulate identifiers in order to disguise the origin of any Content which you post on or through this Site.

6.6

We may in our absolute discretion monitor any Content which you post on or through this Site and remove any such Content which we in our absolute discretion believe may be unlawful or if any third party requests us to remove on what we believe in our absolute discretion to be reasonable grounds.

Other Terms and Conditions

7.1

You must not:-

7.1.1	subvert or attempt to subvert our membership subscription system or direct users to any other website, location or directory where your Contact Information may be obtained;
7.1.2	Remove, obscure or alter any legal notices displayed on this Site;
7.1.3	Share your account login or password or paid membership with any other person. If you lose control of your password, you may lose control over your personal information. If you believe that you may have lost control of your password, please change it and contact us immediately;
7.1.4	interfere with or disrupt or attempt to interfere or disrupt this Site or servers or networks connected to this Site or disobey any requirements, procedures, policies or regulations relating to networks connected to this Site; and
7.1.5	harm other users of this Site.

7.2

You must not harvest and use for any purpose including but not limited to any commercial purpose, any Contact Information or other information of any user of this Site without our prior written consent which we may provide or refuse in our absolute discretion or grant subject to such conditions as we impose in our absolute discretion and by accessing and using this Site you agree to pay us liquidated damages of AUD$1,000.00 for each occasion on which you do so without our prior written consent.

7.3	You assume all risk when using the Services including but not limited to risks associated with online and offline dealings with others and any contractual arrangements made by you with others. We do not guarantee the accuracy or veracity of any information provided to you by other users of this Site and you must take all necessary precautions when dealing with other users of this Site. We accept no liability for your dealings with other users of this Site.
7.4	You must promptly report to us any breach of these Terms by any other users of this Site which come to your attention.
7.5	You must not annoy, harass, threaten or intimidate any of our directors, officers, employees or agents engaged in any way in connection with the provision of the Services to you.
8.	Intellectual Property Rights
8.1	Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in this Site.
8.2	By posting any Content onto this Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way including but not limited to reproducing, changing and communicating the Content to the public and you also permit us to authorise any other person to do the same thing, in both cases for commercial gain.
8.3	You consent to any act or omission which would otherwise constitute an infringement of your moral rights and if you post any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

8.4

The provisions of this paragraph 8 will survive any termination of the agreement formed by these Terms.

8.5

You represent and warrant to us that you have all necessary rights to grant the licence and consents set out in this paragraph 8.

TheBestAupair Blog

9.1

When commenting on blogs located at http://www.thebestaupairblog.com, you must not include any personal information which would identify you including but not limited to Contact Information, namely, your surname, telephone number/s, email address/es, Facebook name/s, Twitter name/s, Skype name/s or any other method which would enable another person to contact you.

9.2

In the event of you breaching the provisions of paragraph 9.1, we reserve the right to remove in whole or in part any comments you post on the website identified in paragraph 9.1, in whole or in part.

10.

Warranties

10.1

You represent and warrant to us that:-

10.1.1	you have the legal capacity to enter into the agreement formed by these Terms; and
10.1.2	your Contact Information and any other information provided by you to us is true and accurate.

11.	Links and Advertising on this Site
11.1	We may place on this Site links to websites of third parties including but not limited to advertisers which are not under our control ("Third Party Sites") for your convenience and use.
11.2	We do not accept responsibility or liability for any Content or for any updates or changes to Third Party Sites and any Content posted on such Third Party Sites.
11.3	All dealings between you and the operators and owners of any Third Party Sites are at your risk.
11.4	To the full extent permitted by law, you acknowledge and agree that we will not be liable for any claims, losses or damages of any kind which you may directly or indirectly incur by dealing with the operators and owners of any Third Party Sites
12.	Liability
12.1	To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

12.2

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.

12.3

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible and permitted, we limit our liability in respect of any claim, at our option:-

12.3.1

in the case of goods to:-

12.3.1.1	the replacement of the goods or the supply of equivalent goods;
12.3.1.2	the repair of the goods;
12.3.1.3	the payment of the cost of replacing the goods or of acquiring equivalent goods; or
12.3.1.4	the payment of having the goods repaired, and

12.3.2

in the case of services to:-

12.3.2.1	the supply of the services again; or
12.3.2.2	the payment of the cost of having the services supplied again.

13.

Indemnity

13.1

You agree to indemnify and keep us and our directors, officers, employees and agents indemnified from and against all and any losses, loss of profits, claims, damages, actions, suits, demands, costs (including reasonable legal costs and disbursements on a full indemnity basis), interest, charges and expenses of any kind whatsoever which we may suffer or incur or be called upon to suffer or incur by virtue of:-

13.1.1	your use of or your inability to use this Site or the Services;
13.1.2	any Content posted by you on or through this Site;
13.1.3	any breach of or default by you in respect of any of these Terms; or
13.1.4	your violation of any applicable laws, rules or regulations.

14.

Termination

14.1

The agreement formed by these Terms terminate automatically if, for any reason, we cease to operate this Site.

14.2

We may otherwise terminate the agreement formed by these Terms immediately, on notice to you given to any of your contact points listed in your Contact Information, if you have breached these terms in any way.

14.3

To the full extent permitted by law, any termination of the agreement formed by these Terms, in accordance with this paragraph 14, will not entitle you to a refund the whole or any part of any membership subscription paid by you.

15.

General

15.1	You must not transfer, assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
15.2	If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
15.3	You and we must at our own expense do everything reasonably necessary to give full effect to the agreement formed by these Terms and the events contemplated by it.
15.4	These Terms survive the termination of the agreement formed by these Terms to the extent permitted by law
15.5	The agreement formed by these Terms will bind you and our successors in title.
15.6	None of your rights or our rights under these Terms are waived or deemed to be waived except by notice in writing signed by either of us waiving the right and any such waiver by either of us does not prejudice your or our rights in respect of any subsequent breach of these terms.
15.7	The agreement formed by these Terms will be governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia and each of us hereby agree to submit all disputes arising between us to the Brisbane Registry of any such Queensland or Commonwealth court as is competent to hear the matter.

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