Terms and Conditions

These terms and conditions are translated for information purposes, for your convenience. The legally significant version of this text is the original version in German: Allgemeine Geschäftsbedingungen

Terms and Conditions (referred to below as “T&C”) for using the website www.grandma-aupair.com (referred to below as “the website”).

§ 1 General information about the website, offered services, contractual partners, Grandma-Aupair, host families, database and minimum age

1. I, Mechthild Brundiers, Weinsbergstraße 172, 50823 Köln, offer the possibility of making contact between older ladies, who want to take care of children and help with housework (referred to below as “Grandma-Aupair(s)”) and families looking for aforementioned services (referred to below as “host families”). Grandma-Aupairs and host families can sign up and create a profile to present themselves. They can contact each other after taking up a paid membership. The storage of the profiles and the exchanged messages between Grandma-Aupairs and host families take place in a secured software solution (referred to below as “database”).

2. The contract is made concerning the services on the website, primarily making contact, and is made by signing up on the website. I am not contractually involved in the stay of a Grandma-Aupair with a host family. When a Grandma-Aupair and a host family make contact, they agree on the terms of the stay of the Grandma-Aupair, they make an agreement between themselves. In effect, the resulting contract involves only the Grandma-Aupair and the host family. I do not owe a successful placement or procurement. The Grandma-Aupair and the host family are free to define the terms of the agreement. The essential content should conform to the idea of this platform, that the giving and taking are balanced and harmonious. The Grandma-Aupair should receive free board and lodge for a defined duration, including a place to sleep and the option to use the common rooms of the household of the host family. In exchange for that, she performs light household work and takes care of one or more children . All other terms (e.g. sharing the travel expenses, pocket-money, a ticket for public transport, language classes, other services like cooking or gardening) can be added. The stay of the Grandma-Aupair can be national or international. The Grandma-Aupair has to inform herself on and take care to adhere to entry regulations, work and stay permits, local law and other customs.

3. Only a natural person, that is not a businessperson, but a consumer, can register as a Grandma-Aupair. A consumer in the terms of this T&C is a natural person, with whom business is made, who is not involved in a business or self-employed. Only women of the age of 50 or above can become Grandma-Aupairs on this website. I do not specify an upper age limit. The Grandma-Aupair and the host family have to discuss whether both parties are confident in the Grandma-Aupairs ability to endure the journey and the agreed-upon tasks. I only provide the contact between Grannies and host families through the services on this website. The agreement between host family and Granny might be subject to the local tax law, it is the responsibility of the host family and the Granny to inform and understand the situation and, if necessary, consult a tax accountant.

4. You can be a member of the type host family regardless of the nation you live in.

5. To use my website, you need a computer with internet connection or another internet-capable device using updated browsing software. The displaying of the website on mobile devices can be impaired.

§ 2 Scope of application, changes

1. These T&C apply to all users of my website and the business relations between me, and the Grandma-Aupairs or host families in the version that was the version that was current at the time of the formation of the contract. You make an offer of contract, including these T&C, by at least registering for free and declaring your acceptance of the T&C.

2. I am entitled to change the interface of the website, including the T&C, as long as the central functionality of the website, mainly but not only making profiles and making contact with potential Grandma-Aupairs or host families, is continued. When making changes to the T&C that contitute an impairment and are reasonably limited, you receive a notice of the planned changes at least four weeks beforehand with the notice, that an extraordinary dismissal (termination of contract for extraordinary reasons) is possible.

§ 3 Registration process and conclusion of contract, short profiles, detailed profiles, login

1. You can use my website without registering or creating a profile. You will be able to see information about myself and this website and on the front page there are shortened profiles of members (referred to below as “short profile”). The short profiles are divided in “Grannies” and “host families.

2. If you want to view detailed information on an existing member (referred to below as detailed profile), you have to register. If you want to create a profile to become a host family or Grandma-Aupair, you also have to register first. Both those actions are available with a free membership. Only if you want to make contact with another member, you have to upgrade to a paid membership, of which you can choose the duration. Further information can be found in § 4.

3. You can register by clicking on the button “Register” on the front page of the website, or you use the sign-up box on the front page.

4. Once you are registered with the website, you can access the database by clicking on the “Sign in” button and entering your username and password. You must keep the login credentials safe and secure from unauthorized access.

5. You register by entering your personal information in the registration form. The range of the requested information is determinded by whether you want to create a profile or not. Necessarily required fields are marked by an asterisk. It is signified in the form, which data will be accessible by other users, and which data is only visible by the website administrators. You can find detailed information about that on the page about data privacy, the link to which you find on every page of the site on the very bottom. Some fields in the form are free text fields, in which you can write, others are selection fields, in which you can choose from a list of options. You are obliged to update your profile if any changes in your personal information occurs.

6. When you have completed your registration form entries, you have the option, but no obligation, to upload a profile picture of yourself; we recommend it, becaus it gives your profile a “personal touch”. Furthermore you have the option to upload documents, like letters of reference or recommendations, those must not be procured from family or relations, but are supposed to be from an unrelated third party, e.g. a former host family or former Grandma-Aupair.

7. You are not entitled to registering or becoming a member, I can deny any application for membership without giving reasons. I may only delete or block a profile, created in the context of a paid membership, under specific circumstances. The details of these circumstances can be viewed under § 8.

8. In completing your registration you have to accept the T&C including the information on data privacy and revocation. You have the opportunity to read it by clicking on the link. The contract, free or paid, depending on the membership model, is made in the sending of the confirmation e-mail.

§ 4 Membership fees, price components and terms of payment, modes of payment, due date, invoicing, inactive members

1. I offer three different types of membership. You can find them explained on the page “Service + Cost”, which is listed in the main menu. They are distiguishable by the database functions they allow and the duration of the membership. While you can create your own profile and view other member’s profiles with a free membership, you can only contact other members with a paid membership. The free membership is unlimited, but you can delete your profile at any time. The paid memberships end automatically after the end of the chosen duration, at this time, the options are 1 month and 3 months. The membership is not a subscription, there is no automatic extension. If you want to extend your membership, you can send me a message via the contact form on the website or log in to your account and use the “Extend membership” button.

2. I am a small entrepreneur (§19UStG) and therefore all prices on my website are exempt from sales tax. You will find all components of the price listed directly below the order button on the page at the end of the registration process for one of the paid memberships. You will receive a conformation e-mail after the contract is made, sent to the e-mail address given in the registration.

3. The membership fee is due to pay after the contract is made (by me sending the confirmation e-mail). The payment options are payment in advance and pament via PayPal. My PayPal account is: info@grandma-aupair.com. There are no cash discounts granted.

4. I demand payment in advance, meaning that I do not unlock the messaging function (sending messages to other members) before I register payment. If there is still no payment 7 days after the confirmation is send, I am entitled to cancel the membership, send written reminders concerning the open amount or to exact it.

5. You receive a detailed invoice for every paid membership, with the declaration of tax exmption under §19 UStG. The invoice doubles as proof of contract and should therefore be stored safely.

6. You are obliged to pay for any membership registered on your account by minors or others. That applies also to improper use, if you cannot establish that there was no fault on your side.

7. The membership does not have to extend into the stay with another member and can have ended beforehand. If you want to suspend your activity and temporarily do not wish to receive messages, your can select the “not currently seeking contact” option in your profile, which will be seen by other users. You will not receive messages in this status. You can change back the status at any time.

§ 5 Cancellation (Revocation)

You have the legal rights granted to you by law on the right to cancellation in distance sales [gesetzliches Widerrufsrecht im Fernabsatz], which are as follows:

Right to cancellation:

You are entitled to cancel the contract with me within 14 days of the closure of the contract without giving reasons.

To do so, you have to inform me:


Mechthild Brundiers

Weinsbergstraße 172

50823 Köln

Germany

Phone: +49-221-29992249

E-mail: info@grandma-aupair.com

by means of a definite declaration (e.g. a letter by mail or e-mail) of your decision of revoking the contract. You may use the template on the bottom of this page, but it is not mandatory. If you choose to make use of one of these options, I will send you a confirmation of my receiving your cancellation (e.g. by e-mail) without delay.

Pertinent to the time limit is your sending of the message to me, not my receiving it.

Consequences of cancellation:

If you cancel the contract, I am obliged to repay all payments you made without delay at least within 14 days from me receiving your cancellation declaration. To repay the money, I use the same method you used in your original transaction, there are no fees for the repayment.

If you request a commencement of my services in the duration of the cancellation period, you are obliged to pay an adequate amount for the duration of useage. The adequacy in this case is measured by the amount of services rendered at the moment of the declaration of cancellation against the total amount of my offered services.

§ 6 Reliability of the website, liability for content and links, general liability

1. The accessability of this website may be impaired temporarily due to technical issues, maintenance or problems in the infrastructure of network providers. I endeavour to restore the accessability, or have it restored, in a timely manner and have scheduled maintenance performed at times of slighter usage (e.g. evenings or nights). If a disruption continues for more than 48 hours, I provide you with the opportunity to extend your membership for a duration equal to the time in which your use of the website, database and other services were not possible, free of charge.

2. I strive to keep the information on my website updated and correct. The possibility of mistakes cannot be eliminated. I am liable for my own content under §7 Abs.1 TMG. Under §§ 8 to 10 TMG it is not reasonable to expect me to surveil content from third parties or investigate for circumstances pointing to possible wrongdoings. Irrespective of that, I am obliged to delete or block any such information, if and when I learn of a specific breach of law. My website contains links to information on other sites, that are not under my control and responsibility. I am not reasonably accountable for the content on websites of third parties. The responsibility for contents of other websites lies with their operators. I especially have no controll over their data privacy protection conduct. If I learn of any breaches of law, I am liable from the moment of knowing about it.

3. My liability for damages is, regardless of legal grounds, limited to willful intent and gross negligence. That does not apply to damages to life, bodily harm or health damages, that result from an intentional or grossly negligent breach of duty on my part, nor does it apply to claims based in the Product Liability Act. The liability limitation furthermore does not apply to any damages, that arise from a grossly negligent breach of duty on my part or behaviour violating the elemental contractual duties, in the latter case, the liability is limited to the amount of damages usually predictable at the closure of the contract. I am accountable for my legal representatives and vicarious agents.

§ 7 Data privacy protection

1. The handling of the submitted data is in accord with the legal requirements. Detailed information about that can be found on the page “Data Privacy Protection”, a link to which is found on the bottom of every page (in the “footer”).

2. Every member, Grandma-Aupairs and host families, have the right to disclosure and the right to deletion from the database for their personal data. To do so, I recommend you writing an e-mail to me at this address: info@grandma-aupair.com

§ 8 Guaranties, Transfer of Rights and Indemnity, Blocking and Deletion of Accounts

1. You, as a member, assert the correctness, and in cases of mandatory fields the completeness, of the statements in your registration form, that only you personally are using and editing your profile and that you hold the rights to all the pictures and documents you upload, including, but not limited to, copyright and ancillary copyright.

2. Furthermore you assert that no other legal regulation is breached, especially personal rights and that you will not publish or in any way promote defamation, insults, radical political views, glorification of violence, pornographic material, improper content or content harmful to minors.

3. You affirm, that you are not using malware (harmful software) in connection to this website. Every form of commercial advertisement is prohibited. You are prohibited to use any personal data disclosed to you on this website for reasons that do not correspond with the function of this service, you are especially not allowed to share any such data with third parties.

4. All the rights world-wide to the contents you submit to me in the context of the services of this website, including those contents on social networks, are transfered to me for the duration of the contract or beyond, if you deactivate your profile (see § 9 Nr. 6). This transference of rights is to happen without charge. That does not relate to your right to deletion of your profile.

5. If you violate § 8 Nr. 1, 2 oder 3 you thereby release me from any alleged or determined claims of first request of third parties, that claim an infringement of those rights if, and as far as you violated the given guarantees. Included in this are all immediate and indirect damages and expenditures as well as the costs of legal fees and costs of representation. I will inform you of any claims made by third parties immediately and give you the opportunity to submit a response. You ensure me your full support in that case. I am allowed but not obliged to control content created by users regarding its lawfulness. However, when requested, you are obliged to verify the legality of your contents or have it veryfied by a third party. Even with only a reasonable suspicion of a breach of §8 no. 1, 2 or 3 I am allowed to block your profile temporarily until the facts of the case are cleared up. If you have evidentially violated your guarantees, I am entitled to delete your profile and restrict your access to this website. That does not relate to or preclude the option of criminal or private persecution under the law.

§ 9 Duration of Memberships, Extension of Memberships, Termination, Data-use after the Termination, Inactive Profiles

1. In the free membership the duration of the membership is unlimited. Die membership can be ended at any time by accessing your online profile and demanding the deletion of your profile, or you can send me a message by e-mail or mail. For details, see the page “Data Privacy Protection”, the link can be found on the bottom of every page.

2. The duration of the contract with the paid memberships is determined by the duration of membership-type chosen by you. There is no automatic renewal or extension, the membership and the contract terminate automatically after the chosen duration (for details, see § 4).

3. There is no possibility for regular cancellation during the contract period (after the first 14 days). You are nevertheless entitled to deletion of you personal data at any time (see also: § 9 Nr. 1). If you choose to end your membership during the contract period, I will not refund your membership fees, neither wholly nor partially.

4. The irregular cancellation remains unaffected by this. The irregular cancellation has to be effected in writing. One of many possible important reasons apply if you violated § 81- 3 and/or did not pay your membership fees after reminders and the passing of a reasonable grace period. In the case of irregular cancellation of contract from my side, you do not receive any refunds on you membership fee.

5. I am entitled to delete the contents and data provided by you after the contract is ended. You cannot access the data or the database afterwards. The option to extend your membership is discussed in § 4 Nr. 1. Legal preservation duties or rights and the data necessary to enforce possible claims remain unaffected by this.

6. If you want to keep the profile data after the duration of the contract, possibly to use it at a later time, you can set your profile to an inactive status, by selecting and publishing the option “not currently seeking contact” in your profile. This is also advisable if you are not currently seeking contact due to being involved in a stay (as host family or Grandma-Aupair). If any profile is in the status “not currently seeking contact” for more than one year and do not have a membership anymore, we are allowed to delete the profile permanently, notwithstanding any legal claims.

§ 10 Right of Use

The rights of use to the content of my website are generally mine. The right to utilization is according to the German Copyright Law [Deutsches Urheberrecht]. The usage of content is only allowed for private, non-commercial use. If the contents are not created by or commissioned by me, the rights of third parties have to be considered.

§ 11 Miscellaneous / Final Clause

1. Members are required to notify me of address changes without delay. If no such notification can be verified, the originally given address will be assumed valid.

2. Subagreements, changes and additions have to be in written form. That applies especially to the change of the clause on necessity of written form itself.

3. The law of the Federal Republic of Germany [Bundesrepublik Deutschland] is applicable. If parts of these T&C are invalidated, the validity of the other regulations is not influenced. The same applies to potential holes in the contract.

Köln, November 2017

Template form of cancellation – PDF Download: Drucken

 

Template form of cancellation

(To cancel the contract, please fill out this form and send it to:)

Mechthild Brundiers

Weinsbergstraße 172

50823 Köln

Phone.: +49-221-29992249

E-mail: info@grandma-aupair.com

I/We(*), ____________________________

hereby declare the cancellation of the contract made with/by us/me(*) over the rendering of the services_____________________________________________
– ordered/received(*) on the date __________________________________
– name of consumer(s) __________________________________
– address of consumer(s) ________________________________
– Signature of consumer(s) (only applicable when on paper)_______________________________________
– Date ________________________________________
(*)delete as appropriate.

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