South Africa's online au pair community

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Au Pair SA - Terms of Service

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 Au Pair SA website, and/or by applying for or receiving membership from Au Pair SA, 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 Au Pair SA's services shall be construed in accordance with the laws of South Africa. Exclusive jurisdiction for any claim or dispute against Au Pair SA resides in the courts of South Africa. These Terms of Service constitute the entire agreement between you and Au Pair SA with respect to the use of this website and all associated services.

Au Pair SA'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 Au Pair SA website.

In using the Au Pair SA 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 Au Pair SA, 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 Au Pair SA 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 Au Pair SA does not pre-screen any content, but that Au Pair SA 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.

Au Pair SA does not have any obligation to monitor or control any user's profile for any purpose. All content provided by a user of the Au Pair SA 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 Au Pair SA are prohibited from registering with Au Pair SA.

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, Au Pair SA 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. Au Pair SA 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. Au Pair SA 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 Au Pair SA 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 Au Pair SA 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 Au Pair SA 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.