TERMS & CONDITIONS
In using this site you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You", and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are bound by the Privacy Act 1988. This act protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out from the information. It includes information such as a person’s name, address, financial information, marital status or billing details. Some information including information about ethnicity, religion and health, is considered to be sensitive. Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
In general, Au Pair Me Up automatically gathers certain usage information like the numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our partners about how visitors use this site. In addition, our site's registration form requires users to give us contact information (like their name, address, telephone, and email address). In the event that a Client engages a carer via our service then we will provide the user's contact information to the engaged carer. We also hold contact and personal information about carers, and by providing your details to Au Pair Me Up, the carer authorises Au Pair Me Up to pass on the personal information to parents but not the contact information.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Au Pair Me Up will look at each registered caregiver profile and aim to provide information of the highest quality to enable the successful matching of registered users with registered caregivers, however, you should be aware that Au Pair Me Up is not an employment agency and does not have the resources to check the correctness of the qualifications and experience professed to be possessed by registered caregivers who have offered their services and consequently, Au Pair Me Up accepts no responsibility for any loss, expense or damage to property or persons arising directly or indirectly from any registered caregiver sourced by You using this service. We are not responsible for the conduct of any member of the service, either online or offline. Au Pair Me Up does not expressly or by implication warrant the suitability of any registered caregiver sourced by you through this service for your purposes nor does Au Pair Me Up make any representations regarding any registered caregiver other than as expressly stipulated in these terms and conditions accordingly you should before engaging any registered caregiver make and rely upon your own investigations and enquiries of and be satisfied of such persons' suitability for your purposes. Subject to you reaching and entering agreement You will become the employer of the caregiver You choose. All caregiver information is confidential and You agree not to disclose to any third party caregiver information sourced by You through this service.
Au Pair Me Up accepts no liability or responsibility for the inaccuracy or falseness of information provided to us by registrants or registered users and You agree to indemnify Au Pair Me Up ( and our employees, directors, affiliates, investors, subsidiaries, officers and agents ) for all and any liability to which Au Pair Me Up may be exposed by reason of any information supplied by You to Au Pair Me Up being inaccurate or false. It is each registered user's and registered caregiver's responsibility to adhere to all relevant legislation before entering into an agreement with each other. Au Pair Me Up does not mediate disputes, registered users and registered caregivers should resolve disagreements between each other.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages ; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Au Pair Me Up does not warrant that the site is free from viruses, worms, trojan horses or other harmful components. Au Pair Me Up takes reasonable measures to ensure that the information provided by users is disclosed only to those persons specified by users. Au Pair Me Up cannot and does not, however, guarantee that the personal information entered by users will not be misappropriated, intercepted, deleted, destroyed or used by others. Users agree not to hold Au Pair Me Up liable for any loss or damage of any sort incurred as a result of any such misappropriation, interception, deletion, destruction or use of information provided by users through the site. Au Pair Me Up shall not be liable for any claim, injury or damage arising from the use or inability to use the site.
It is the registered caregiver's responsibility to have references, a police check and all work visa documents (if applicable) available for registered users to inspect. Persons under the age of 18 are forbidden to register as caregivers. All registered users and registered caregivers must update any information given to Au Pair Me Up as and when their respective circumstances change. You must be currently living in Australia and have an Australian address as well as a current Australian working visa to register as a caregiver on our site.
Au Pair Me Up may deregister any registered user and/or registered caregiver in its absolute and unfettered discretion for any or no reason and will deregister a registered user or registered caregiver in circumstances where a registered user or registered caregiver has provided offensive, obscene, illegal information or who has intentionally provided false or misleading information or who has otherwise contravened these Terms and Conditions.
Any advice that may be posted on the site or emailed to members is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal or other advice. Au Pair Me Up makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Acceptable payment methods include cash, bank transfer, Paypal, cheque and credit / debit card. Please note that this online merchant is located in Australia. A $100 non-refundable deposit is required prior to the commencement of our services. Full payment is required within 7 days of the commencement of the carer. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $600. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned cheques will incur a $40 charge to cover banking fees and administrative costs. In the instance of a second returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all services and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 7 days’ notice of cancellation required prior to the commencement of the search for your carer. Notification for instance, in person, via email, mobile phone ‘text message’ or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $100 charge to cover any subsequent administrative expenses.
Both the client and ourselves have the right to terminate any services agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded. In the event that Au Pair Me Up has been unable to present any candidates matching the predetermined requirements to the client for interview, a refund will be issued minus the $100 administrative surcharge.
Unless otherwise stated, the services featured on this website are only available within Australia, or in relation to postings from Australia. All advertising is intended solely for the Australia market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Google Signals, a service of Google Analytics, associates the visitation information that it collects from this site and/or apps with Google information from accounts of signed-in users who have consented to this association for the purpose of ads personalisation. This Google information may include end user location, search history, YouTube history and data from sites that partner with Google – and is used to provide aggregated and anonymised insights into your users' cross device behaviours. IP addresses that visit this site are used to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different contact methods for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
This company is registered in Brisbane, Australia.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Australia govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
These terms and conditions form part of the Agreement between the Client and ourselves. Your Accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Realfine Enterprises Pty Ltd t/as Au Pair Me Up 2019 All Rights Reserved