With respect to the Aupair Life Internet portal, the following general business terms and conditions are a part of the contract between Anette Wandres (hereafter referred to as Provider) and their customers (hereafter referred to as User).
All services supplied by the Provider shall be carried out exclusively under the terms of these general business terms and conditions. Side letter agreements must be made in writing.
By making use of this offer, the User acknowledges the terms of these general terms and conditions of business.
All natural persons over 18 years of age are authorised to use the Aupair Life Internet portal. Use of the database for commercial purposes is strictly prohibited, except with the authority of Anette Wandres
In particular, au pair agencies are not permitted to use the Internet portal without the permission of Anette Wandres.
Violators will be fined € 1,000.00 each on a per case basis.
The subject of the contract is the provisioning of a database in which person-related information concerning those seeking an au pair and those seeking a family can be posted. The Provider offers the User the opportunity to post a position vacant notice under www.aupair-life.com as well as enabling access to the database of registered users. Aupair Life is not an au pair agency. The subject of the contract is in no way to serve as an intermediary in an au pair relationship.
Database queries are free of charge to those persons seeking placement. For those wishing to post a position vacant notice, a user fee shall be due; the amount of which shall be specified for the user separately on the registration form.
The contract between the Provider and the User shall go into effect as of the receipt of the order confirmation, which shall be sent to the User by e-mail. The order confirmation contains the personal access data of the User, who shall be obliged to keep such data confidential.
A placement offer posted by the User shall be stored for a period of 120 days from the receipt of the order confirmation unless the User requests the earlier deletion of his/her data by fax or by post. In such cases, the User shall not be entitled to claim a refund (not even a partial refund) of the user fees paid. Extension of the contract shall be possible only in the case of an order to the Provider to renew such.
The User shall receive a personal ID number which enables him/her to access the data of other Users. The User shall be obliged to keep this ID number confidential and to prevent any unauthorised access to it by third parties.
The User shall be entitled to revoke his/her contract declaration in writing within a period of two weeks without giving reasons. The point in time at which the contract is concluded shall mark the start of the two-week period.. To meet the cancellation period deadline, the timely submission of the cancellation request shall be sufficient. The cancellation request is to be sent to: Anette Wandres, Keltenring 48, 79199 Kirchzarten.
The revocation right shall expire prematurely if the Provider has begun has already begun to perform the service with the express consent of the User before the end of the revocation period, or if the User him/herself is responsible for the start of such provisioning.
The offer shall be made available as seen without assurances and warrantees.
The Provider shall bear no responsibility for the formation of an au pair relationship for the duration of the contract period. Likewise, no responsibility shall be borne for the correctness or legal admissibility of posted notices offering or seeking placement.
The User shall be responsible for ensuring that he/she personally fulfils any legal prerequisites applicable at the venue of the au pair relationship with regard to the permissibility and the content of terms and conditions of employing an au pair.
The Provider’s warrantee in the case that it is not possible to use the database is excluded, provided that such case is not the fault of the Provider. In particular, there shall be no liability in the case that it is not possible to maintain the database as a result of a server failure or system failure. This shall not apply if such case is the fault of the Provider, intentionally or as a result of gross negligence.
In the event of data loss, the User shall be entitled to post a new notice and access all applicant data again for a period of 120 days from the time the notice is posted.
The Provider shall be liable for damages only in the case that the Provider or his/her vicarious agents and/or legal representatives are guilty of intentional or grossly negligent acts.
The Provider shall not be liable for damages vis-à-vis the User, in particular for those damages occurring as a result of computer viruses and other harmful programmes and files which may have gained access to his/her computer via the Aupair Life homepage.
The Provider shall not be liable for links on this site leading to other websites. The content of such websites is not that of the Provider.
A statutory liability regardless of negligence or fault on the part of the Provider shall not be affected by this exemption from liability. This shall apply correspondingly in the case of culpably caused injury to life, body or health.
The User acknowledges that the data stored in the database may be accessed by anyone. The Provider shall not be responsible for the knowledge or use of such data by third parties.
The Provider performs no verifications of the publicly distributed content and statements of the Users prior to posting and transmission.
Commercial use of any kind of the posted data is expressly prohibited, except with the authority Anette Wandres.
The User guarantees that he/she has personally posted the placement notice and that the offer serves no commercial purposes. The User shall be obliged to notify the Provider without delay in writing, by telephone or by e-mail of any use of person-related data which is in breach of this contract.
Use in breach of this contract includes in particular the posting of free-of-charge brokering offers in connection with au pair or any other employment relationship as well as any unsolicited sending of marketing brochures and the use of data through and the forwarding of data to so-called address brokers.
The User shall be liable vis-à-vis the Provider for any damages which can be attributed to having arisen as a result of a culpable breach of this obligation.
The User guarantees the correctness, completeness and legal permissibility of the User’s data posted to the database. In particular, the User shall warrant that the data used by him/her does not infringe on the rights of third parties and that it does not jeopardise public safety, order or good faith, and is not morally objectionable.
In particular, the User guarantees observance of copyright and any other ancillary copyright of third parties as well as adherence to the protection of minors legislation applicable in the Federal Republic of Germany.
The User shall be liable vis-à-vis the Provider for any damages arising from claims made as a result of an infringement of the third party rights stipulated in Paragraph 1. This shall not apply inasmuch as the damages are not the fault of the User.
If the Provider has reason to believe that a placement offer of the User infringes on the rights of third parties or jeopardises public security or order, the Provider shall be entitled to remove the entry of the User from the database. Prior to deletion, the Provider shall warn the User in writing and specify an appropriate period of notice, given that the infringement is not that grievous in nature, that a continuation of the contractual relationship cannot be reasonably expected of the Provider.
A refund of the counter-performance already made through the User is excluded unless the User can provide substantiation that there was a legitimate reason for such exclusion in the context of this paragraph as seen from the perspective of an unbiased third party
The User shall be liable to the Provider for any damages arising as a result of an act which may harm or jeopardise network security.
The following data protection declaration is a part of this contract. By clicking the appropriate button, the User confirms that he/she is informed of the data protection stipulations.
In the event that individual clauses of these terms and conditions of use should prove to be invalid, the validity of the remaining clauses shall not be affected.
Für sämtliche gegenwärtigen und zukünftigen Ansprüche aus der Geschäftsverbindung mit Kaufleuten oder Gewerbetreibenden ist ausschließlicher Gerichtsstand der Sitz des Betreibers dieser Internetseite (Freiburg).
Der gleiche Gerichtsstand gilt wenn der Nutzer keinen allgemeinen Gerichtsstand im Inland hat, nach Vertragsabschluss seinen Wohnsitz oder gewöhnlichen Aufenthaltsort aus dem Inland verlegt oder sein Wohnsitz oder gewöhnlicher Aufenthaltsort zum Zeitpunkt der Klageerhebung nicht bekannt ist.
The Provider points out that the person-related data of the User shall be processed, used and stored up electronically. Unless agreed otherwise, the data shall be used solely for the purpose of implementing this contract.
The provider shall treat the User’s person-related data confidentially, and shall make such data available to third parties only to such an extent as is permitted by the applicable data protection laws of the Federal Republic of Germany. The Provider shall be authorised to use person-related data beyond this scope only if the User has expressly consented to such use; such consent must be made in writing.
Upon termination of the contract as well as upon discontinuation of the Aupair Life Internet portal, the data shall be deleted without delay unless its continued storage is required by law or agreed upon by the parties.
