Au Pair in America Website Terms

Thank you for visiting https://www.aupairamerica.co.uk/ (the “Au Pair in America Website”).

Au Pair in America is a trading name of the American Institute for Foreign Study, Inc (“AIFS US”), which is part of a group of companies with the American Institute for Foreign Studies (UK) Limited (“AIFS UK”).

The Au Pair in America Website is operated by AIFS UK which is registered in England and Wales under company number 00939488 and has its registered office at 37 Queens Gate, London, SW7 5HR. The VAT registration number for AIFS UK is [                  ].

The following terms and conditions (“Terms”) govern your use of the Au Pair in America Website and you should read them carefully before using this website.

Where we refer to the “AIFS”/“we”/“our”/“us” in these Terms, we mean AIFS US and AIFS UK collectively, and where we refer to the “Program”, we mean the Au Pair in America, Au Pair Extraordinaire and/or eduCare In America programs.

To contact us, please email info@aupairinamerica.co.uk.

WHO THESE TERMS APPLY TO

These Terms refer to:

  • Visitors” to the Au Pair in America Website, i.e. someone who visits and/or uses the Au Pair in America Website but who does not register for or apply to the Program;
  • Au Pairs”, i.e. someone who registers for or applies to the Program to become an au pair and/or who takes part in the Program as an au pair; and
  • Host Family Contacts”, i.e. someone who registers for or applies to the Program (on behalf of their family) to become a host family and/or who takes part in the Program as part of a host family.

Unless we say otherwise, these Terms apply to (a) Visitors; and (b) any Au Pairs or Host Family Contacts who register for or apply to the Program on the Au Pair in America Website.

WHAT THESE TERMS COVER

These Terms include:

  1. Our Terms of Use which govern the use of the Au Pair in America Website;
  2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Au Pair in America Website. When using the Au Pair in America Website, you must comply with this Acceptable Use Policy.

These Terms also refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

We may amend these Terms from time to time. Please check these Terms regularly to ensure you understand the terms that apply at that time.

 

1. WEBSITE TERMS OF USE

 

ACCESSING THE AU PAIR IN AMERICA WEBSITE

You may access and use some areas of the Au Pair in America Website as a Visitor. However, certain areas of the Au Pair in America Website are only accessible to you if you are an Au Pair or Host Family Contact.

By using the Au Pair in America Website, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use the Au Pair in America Website.

WE MAY MAKE CHANGES TO THE AU PAIR IN AMERICA WEBSITE

We may update and change the Au Pair in America Website from time to time to reflect changes to, for example, our users' needs or technical, operational or other business priorities.

WE MAY SUSPEND OR WITHDRAW THE AU PAIR IN AMERICA WEBSITE

We do not guarantee that the Au Pair in America Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Au Pair in America Website for technical, operational and/or business reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We will not be liable to you if, for any reason, the Au Pair in America Website is unavailable at any time.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you are an Au Pair or a Host Family Contact, when you register for and apply to the Program, we will ask you to choose a username and password as part of our security procedures. You must treat these as confidential and you must not disclose them to anyone else.

We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you know your username or password, you must promptly notify us at info@aupairinamerica.co.uk.

HOW YOU MAY USE MATERIAL ON THE AU PAIR IN AMERICA WEBSITE

We are the owner or the licensee of any and all intellectual property rights in the Au Pair in America Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Au Pair in America Website for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Au Pair in America Website must always be acknowledged.

You must not use any part of the content or materials on the Au Pair in America Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Au Pair in America Website in breach of these Terms of Use, your right to use the Au Pair in America Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON THE INFORMATION ON THE AU PAIR IN AMERICA WEBSITE

The content which we provide on the Au Pair in America Website (including any content in our social media posts) is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on the Au Pair in America Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Au Pair in America Website is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where the Au Pair in America Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

USER GENERATED CONTENT IS NOT APPROVED BY US

The Au Pair in America Website includes certain information and materials uploaded by Au Pairs, including information, photos and videos contained in Au Pair profiles (provided when an Au Pair completes an application to the Program). This information and these materials have not been verified or approved by us. Any views expressed by Au Pairs on the Au Pair in America Website are solely the views of the Au Pair submitting them and do not represent our own views or values.

If you wish to complain about information or materials provided by Au Pairs, please contact us at info@aupairinamerica.co.uk.

UPLOADING CONTENT TO THE AU PAIR IN AMERICA WEBSITE

If you are an Au Pair, when you complete an application to the Program you will upload certain information and materials, some of which will automatically form part of your Au Pair profile (as set out in our Privacy Policy).

When you upload such information and materials to the Au Pair in America Website, you must comply with the content standards in our Acceptable Use Policy.

We have the right to remove any content you upload to the Au Pair in America Website if, in our opinion, that content does not comply with the content standards set out in our Acceptable Use Policy.

When you submit comments, opinions or other feedback to us about the Au Pair in America Website, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation to you.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the Au Pair in America Website will be secure or free from bugs or viruses. You should use your own virus protection software.

You must not misuse the Au Pair in America Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Au Pair in America Website, the server on which the Au Pair in America Website is stored or any server, computer or database connected to the Au Pair in America Website. You must not attack the Au Pair in America Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Au Pair in America Website will cease immediately.

To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-services attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Au Pair in America Website or to your downloading of any material posted on it, or any website linked to it.

RULES ABOUT LINKING TO THE AU PAIR IN AMERICA WEBSITE

You may link to our home page or sign-in page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Au Pair in America Website in any website that is not owned by you.

The Au Pair in America Website must not be framed on any other website, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on the Au Pair in America Website other than that set out above, please contact us at info@aupairinamerica.co.uk.

LAWS APPLYING TO ANY DISPUTES

These Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident in another jurisdiction, you may also bring proceedings in your home jurisdiction.

In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provision, which will continue to be valid to the fullest extent permitted by law.

MISCELLANEOUS

Any words following the terms includingincludein particularfor example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

2. ACCEPTABLE USE POLICY

 

This Acceptable Use Policy sets out the content standards that apply when you upload content to the Au Pair in America Website, link to the Au Pair in America Website, or interact with the Au Pair in America Website in any other way.

PROHIBITED USES

You may only use the Au Pair in America Website for lawful purposes. You may not use the Au Pair in America Website:

  • (i) in any way that breaches any applicable law or regulation;
  • (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose;
  • (iii) for the purpose of harming or attempting to harm others in any way (including bullying, intimidating, abusing, threatening, harassing, defaming or violating any rights of another person);
  • (iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out below); or
  • (v) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • (i) reproduce, duplicate, copy or re-sell any part of the Au Pair in America Website in contravention of the provisions of our Terms of Use;
  • (ii) access without authority, interfere with, damage or disrupt:
      • any part of the Au Pair in America Website; or
      • any equipment or network on which the Au Pair in America Website is stored;
  •  (iii) access the Au Pair in America Website through accounts of other Au Pairs or Host Family Contacts without permission, or misrepresent the source, identity, or content of information transmitted via the Au Pair in America Website or perform any other similar fraudulent activity;
  • (iv) upload files to the Au Pair in America Website that contain software or content protected by intellectual property laws (patents, trademarks, trade secrets, copyrights or other proprietary rights) or confidentiality, unless you own or control such rights or have received all necessary consents;
  • (vi) directly or indirectly transfer any data you receive from us to (or use such data in connection with) any social network or similar third party, even if an Au Pair or Host Family Contact consents to such transfer; or
  • (vii) sell or distribute any information or content provided by or related to us or modify, adapt, translate or create derivative works based on statements or material on the Au Pair in America Website.

CONTENT STANDARDS

If you are an Au Pair, these content standards apply to any and all content which you upload to the Au Pair in America Website as part of your Au Pair profile (contributions).

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • (i)     be accurate (where they state facts);
  • (ii)    be genuinely held (where they state opinions); and
  • (iii)   comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • (i)     contain any material which is defamatory of any person;
  • (ii)    contain any material which is offensive, hateful or inflammatory;
  • (iii)   promote discrimination;
  • (iv)   infringe any copyright of any other person;
  • (v)    be likely to deceive any person;
  • (vi)   be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • (vii)  be threatening, abusive or invade another's privacy, cause annoyance or be otherwise objectionable;
  • (viii)  be likely to upset, embarrass or annoy any other person;
  • (ix)   be used to impersonate any person, or to misrepresent your identity; or
  • (x)    give the impression that they emanate from us, if this is not the case.<

If you see something on the Au Pair in America Website that you find objectionable or you believe breaches this Acceptable Use Policy, please promptly report it to us at info@aupairinamerica.co.uk. Please keep in mind that this does not guarantee that we will remove the content from the Au Pair in America Website.

BREACH OF THIS POLICY

We will determine, in our discretion, whether there has been a breach of the provisions of this Acceptable Use Policy. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with the provisions of this Acceptable Use Policy, constitutes a material breach of our Terms of Use upon which you are permitted to use the Au Pair in America Website, and may result in us taking any or all of the following actions:

  • (i)   temporary or permanent removal of your Au Pair profile from the Au Pair in America Website (or any content you have uploaded as part of your profile);
  • (ii)   refusal to consider your application to the Program; and/or
  • (ii)    disclosure of information to the police if we reasonably feel it is necessary.

The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.

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