Terms and Conditions
Agreement & Rights
A paid subscription is not required to list your profile or search the GreatAuPair database. Once you have registered for free, you may subscribe to gain privileges for either the Family or Candidate database. There are no additional placement fees or commissions charged by GreatAuPair. Membership subscriptions are auto-renewed based on your selected subscription term, which you may modify or cancel at any time by clicking the links, "change subscription term" or "cancel auto renew" under the tab, My Account.
If you post a personal profile (content and information about you or your family) inclusive of photos, complaints, comments or reviews on GreatAuPair.com or a Childcare Network affiliate website (affiliates), you grant to GreatAuPair and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, use in promotional campaigns, translate, create derivative works from, distribute, and display your profile information, including but not limited to written contents, photos, videos, complaints, comments or reviews throughout the world in any media. You also grant GreatAuPair and its affiliates and the sublicensees the right to use the name that you submit with any profile, complaint, comment or testimonial, if any, in connection with such profile, complaint, comment or testimonial.
We recognize that each country has its own laws regarding fair labor standards, many of which differ from those in the United States. GreatAuPair is a US company that supports the United States Fair Labor Standards Act, in cooperation with the Department of State-designated Exchange Visitor Au Pair Program. While GreatAuPair can neither govern the practices of foreign employers nor enforce the laws of the United States upon foreign employers, by using the GreatAuPair Service, you acknowledge and agree to comply with the United States Fair Labor Standards Act and 22 CFR 62.31 which stipulates that Au Pairs may work no more 10 hours per day and a maximum of 45 hours per week. Regardless of domicile, employers who violate the United States Fair Labor Standards Act or 22 CFR 62.31 may be removed from the GreatAuPair website and disallowed future access. Determination of violation shall be at the sole discretion of GreatAuPair.
GreatAuPair does not condone or allow the hiring of foreign nationals outside the prescribed laws of any country in which it operates.
Each country has its own immigration and employment laws. GreatAuPair does not offer legal advice. So if you do not understand the laws of your country, seek appropriate legal counsel to be sure you understand and abide by proper work visa and employment laws when hiring a foreign national.
GreatAuPair members who attempt to subvert the labor laws and visa regulations of their country may be removed from the GreatAuPair website and disallowed future access. Determination of violation shall be at the sole discretion of GreatAuPair.
Terms of Conduct
Unacceptable actions, conditions and content on this website, listed below, will constitute grounds for blocking your access to this website, removal of posted material and cancellation of your registration and or membership subscription without refund. As condition of your use of this website, GreatAuPair's Service, you agree that you shall not:
(a) Include your last name or enter your personal contact information such as an email address, chat address or personal web page address in any photo, image or text field which does not specifically request such information;
(b) Attempt to subvert the membership subscription system or direct users to any other website, location or directory where your contact information may be obtained;
(c) Upload or post any information or advertisement that may be considered as competitive to the GreatAuPair service. Solicitation for services by any means, other than those offered or directly approved by GreatAuPair, to its registered users is strictly forbidden. And under no circumstances shall the harvesting and commercial re-use of emails be allowed;
(d) Share your account credentials or premium membership subscription with any other person or third party. 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;
(e) 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;
(f) Create or maintain more than one active profile at a time. Each family and candidate is allowed only one active profile in the GreatAuPair database at any one time;
(g) 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 relationships (such as insider 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;
(h) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
(i) 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;
(j) Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
(k) Exhibit expressions of abuse, use or display offensive language or imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violate any laws or regulations of any governing body having jurisdiction over GreatAuPair or its subsidiaries, affiliates or users;
(l) Solicit any relationship other than employer/employee related to child care, pet sitting, housekeeping tutoring, personal assistant or senior care as may be found through this Service;
(m) Engage in sexual relations with members found through this Service or have been convicted of any sexual or criminal offense in the past 10 years;
(n) Harm others in any way.
GreatAuPair may monitor content uploaded or transmitted through the Service for purposes of enforcing the terms herein, however, GreatAuPair as a publisher bears no obligation to monitor content for any purpose. All content provided by a user of this site is the sole responsibility of that user, not GreatAuPair.
Refusal of Service
GreatAuPair reserves the right to remove the accounts of offending users from its Service, without notice and without refund, at its sole discretion, if any of the Terms of Conduct herein are found to have been violated on any website owned or not owned by GreatAuPair.
There are no refunds on membership subscriptions. Once GreatAuPair has received payment for a subscription term, you are granted full access to either the Family or Candidate contact database, based on your selection and term. Paid subscriptions cannot be put on hold and "banked" for use at a later time. If you deactivate your profile or cancel your account, your subscription term will still expire based on the number of consecutive calendar days from the date your most recent subscription or renewal term took effect. GreatAuPair does not provide a pro-rated refund for unused subscription terms. Membership subscription sales are final.
Background, motor vehicle and reference checks are initiated immediately upon service token redemption. Completed reports are not refundable. In the event a token is redeemed for a candidate who fails to complete the online release form, the token may be un-redeemed and used for another candidate. Requests for refunds on redeemed service tokens will be subject to a service charge of $25 per token.
Account Deactivation Policy
GreatAuPair reserves the right to deactivate and cancel your account based on the following conditions of non-use. In the event 30 days pass and you have not signed in to your registered account, your profile will be deactivated, which means that your profile will not appear in the results of any searches. You will be notified via your registered email address that your profile has been deactivated. If you do not re-activate your profile within 15 days of de-activation, your profile will be automatically stored for up to three years, then automatically deleted from the GreatAuPair database and website. You may restore your profile as long as it exists in our system.
Account Cancellation Policy
You may cancel your account at any time: How to Cancel. Account cancellation is the sole responsibility of the account creator. GreatAuPair will automatically charge your credit card for membership renewals if you have chosen to enable auto renewal for your selected subscription term. If you wish to cancel your auto renewal subscription, simply turn off auto renew under the My Account section prior to the expiration of your current subscription term.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
A) DISCLAIMER OF WARRANTY: THIS INTERACTIVE COMPUTER SERVICES SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. GREATAUPAIR CANNOT IN ANY WAY BE HELD RESPONSIBLE FOR THE ACCURACY OR TRUTHFULNESS OF ANY OF THE INFORMATION PROVIDED IN ANY PROFILE OR COMPLAINT. 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. TO THE FULLEST EXTENT PERMITTED BY LAW, GREATAUPAIR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE.
B) NO ENDORSEMENT OF MEMBER CONTENT: YOU, THE USER ACKNOWLEDGE AND AGREE THAT YOU ARE THE INFORMATION CONTENT PROVIDER OF YOUR OWN CONTENT AND THAT GREATAUPAIR DOES NOT PROVIDE, EDIT OR ENDORSE THE CONTENT OF ANY MEMBER AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, DEFAMATORY, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, DISCRIMINATORY, HARMFUL, VULGAR, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU ACKNOWLEDGE THAT GREATAUPAIR DOES NOT PRE-SCREEN ALL CONTENT, BUT THAT GREATAUPAIR AND ITS DESIGNEES WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE, SUSPEND, MOVE OR REMOVE ANY CONTENT THAT IS PUBLICLY AVAILABLE VIA THE SERVICE.
C) LIMITATION OF LIABILITY: YOU, THE USER ACKNOWLEDGE AND AGREE THAT GREATAUPAIR WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREATAUPAIR 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 A GREATAUPAIR 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, WAIVER AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
D) INDEMNIFICATION: YOU AGREE TO PROTECT AND FULLY COMPENSATE GREATAUPAIR AND ITS SERVICE PROVIDERS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE TERMS OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANYONE.
GreatAuPair may change these Terms from time to time, so please check back periodically. Last updated February 28, 2013.