Acceptance of general Terms of Service

These Terms of Service govern the use of this site and its services. The use of this site and its associated services constitutes your acceptance of these Terms of Service and creates a binding legal agreement.

By using the Local Au Pair Link website, and/or by applying for or receiving membership from Local Au Pair Link, you acknowledge that you are bound by the terms and conditions set forth herein. All legal issues arising from or related to the use of this site or Local Au Pair Link’s services shall be construed in accordance with the laws of South Africa. Exclusive jurisdiction for any claim or dispute against Local Au Pair Link resides in the courts of South Africa. These Terms of Service constitute the entire agreement between you and Local Au Pair Link with respect to the use of this website and all associated services.

Local Au Pair Link’s failure to enforce any right or provision in there Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

User responsibility for protection of password

Do not share your membership or contact information with any other person or disclose your password to any third parties or share it with any third parties. If, despite the foregoing, you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf.

Rules governing conduct

Violation of any of the following terms governing conduct will lead to removal of posted profiles or vacancies, cancellation of membership without refund, and a permanent block on your access to the Local Au Pair Link website.

In using the Local Au Pair Link website, you agree that you shall not:

(a) Include any personal contact information such as an phone number, email address, Skype Id, personal webpage address, in any field which does not specifically request such information;

(b) Attempt to direct users to any other online or offline location where your contact information may be obtained;

(c) Attempt to solicite any services by any means other than those offered or directly approved by Local Au Pair Link, to its registered users or members;

(d) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, hateful, discriminatory or otherwise objectionable;

(e) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(f) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;

Monitoring of content

You, the user acknowledge and agree that Local Au Pair Link does not endorse the content of any au pair or family and is not responsible or liable for any such content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, discriminatory, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another. You acknowledge that Local Au Pair Link does not pre-screen any content, but that Local Au Pair Link will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.

Local Au Pair Link does not have any obligation to monitor or control any user’s profile for any purpose. All content provided by a user of the Local Au Pair Link website is the sole responsibility of that user.

Prohibition of agencies and other competitors

Owners and employees of au pair agencies and other competitors of Local Au Pair Link are prohibited from registering with Local Au Pair Link.

Any individual or other entity in violation of this prohibition will be obligated to pay a contractual penalty of R 20,000.00 (Twenty Thousand) for each individual case. This contractual penalty is to be paid independently of the actual damage. Apart from the contractual penalty, Local Au Pair Link reserves the right to sue for compensation.

Disclaimer of warranty and limitations of liability

The site and all products and services provided through it are provided “as is” with no warranties whatsoever. Local Au Pair Link cannot in any way be held responsible for the accuracy or truthfulness of any information provided in any au pair or family profile. Any arrangements made between parties is soley at each party’s discretion, expense and risk. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. Local Au Pair Link disclaims any warranties for the security, reliability, timeliness, and performance of this site, to the fullest extent permitted by law.

You, the user acknowledge and agree that Local Au Pair Link will not be liable for any harms, direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if Local Au Pair Link has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) the download or upload of any material through an Local Au Pair Link site; (iv) unauthorized access to or alteration of your data or transmissions; (v) statements or conduct of anyone using the site or on the service; or (vi) any other matter relating to the service. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.