Wir von AupairQuest.com wollen Klarheit und Deutlichkeit.
Lesen Sie hier die Bedingungen, Privatsphäre- und Content Polis in Englisch für den Gebrauch von AupairQuest.com.
Terms of Service
1. User's Acknowledgment and Acceptance of TermsDutchBird Media (trading as AupairQuest) (‘’AupairQuest’’, ‘’AupairQuest.com’’, "Us" or "We") provides the aupairquest.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Service are effective as of August 12, 2014. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of ServicesWe make various services available on this site including, but not limited to, providing a communication platform for enabling the connection between individuals seeking childcare services (“Families”, “Parents” or “Careseekers”) and/or individuals seeking to provide childcare services (“Au pairs”, “Babysitters”, “Nannies”, “Caregivers” or “Careproviders” and collectively with “Families”, “Parents” or “Careseekers”, ”Users”), and other like services.
AupairQuest does not take part in the interaction between users. Users do hereby represent, understand and expressly agree that AupairQuest does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the services actually delivered by the Childcare Providers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any users.
AupairQuest makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by users identified through the service whether in public, private or offline interactions. AupairQuest does not assume any responsibility for the accuracy or reliability of any information provided on the service. AupairQuest does not assume and expressly disclaims any liability that may result from the use of this information. AupairQuest is not responsible for the conduct, whether online or offline, of any user of the site or member of the service. All users including both Parents and Childcare Providers do hereby expressly agree not to hold AupairQuest (or AupairQuest’s Affiliates) liable for any instruction, advice or services delivered which originated through the Site and AupairQuest and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom. You agree to take reasonable precautions in all interactions with other users of the site, particularly if you decide to meet offline or in person.
You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.
3. EligibilityOur services may be used for your personal, non-commercial use only; you may not use the services in connection with any commercial activities whatsoever without the express prior written of AupairQuest. Without limiting the foregoing, you represent that you are at least 16 years old. Persons who are at least 16 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent. In addition, you represent and warrant that you and each member of your household (a) have/has never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted or is/are pending trial for any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any government entity.
You hereby authorize AupairQuest to verify your representations and warranties herein, and you acknowledge that AupairQuest reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Service.
4. Registration Data and PrivacyIn order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
5. Conduct on SiteYour use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, videos, sounds, data, or other information - that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Third Party Sites and InformationThis site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property InformationCopyright (c) August 12, 2014 AupairQuest All Rights Reserved.
For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AupairQuest and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before using any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Unauthorized Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of AupairQuest or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of AupairQuest or its Affiliates.
8. Restrictions of Content and Use of the ServicesWe reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.
- Trademark: We reserve the right to reclaim user names on behalf of AupairQuest businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months (180 days) may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are: the number of accounts created creating accounts for the purpose of preventing others from using those account names creating accounts for the purpose of selling those accounts using feeds of third-party content to update and maintain accounts under the names of those third parties Invitation spam: You may not use AupairQuest’s address book contact import to send repeat, mass invitations. Selling user names: Unless you have been specifically permitted to do so in a separate agreement with Aupairquest, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, where "Services" is defined as follows: Your use of Aupairquest’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Aupairquest under a separate written agreement) is subject to the terms of a legal agreement between you and Aupairquest.
Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that a posting is infringing your copyrights. If you are not sure whether material published on the site infringes your copyright, we recommend contacting an attorney first. To be effective, the notification must include:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
- Send the written communication to the following address (Designated Copyright Agent):
Attn.: Copyright Agent
9701 EB Groningen
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the relevant copyright office.
10. Services, Cancellation and RefundsAlthough most of our services are free, for enabling certain features of the site we charge you a fee. If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. All prices are quoted in Euro and include VAT.
We offer you the ability to subscribe for the following types of services:
The Free Membership. It is absolutely free. As a Free Member you have access to more features than non-registrated Guests but not as many features as a fee-paying member. Free Members have the ability to upgrade their membership with paid services mentioned below.
The Prepaid Membership: As a Prepaid Member you will get more features than non-registrated Guests and Free members, but not as many as Standard and Premium members will get. Prepaid Memberships are available in different types of packages. All Prepaid packages have fixed prices and are valid up to a maximum of 6 months (180 days) after purchase date.
The Standard Membership: As a Standard member you will get more features than non-registrated Guests, Free members and Prepaid members, but not as many as Premium members. All Standard packages have fixed prices and are valid up to a maximum of 1, 3 or 6 months after purchase date, depending on which package chosen.
The Premium Membership: As a Premium member you will get more features than non-registrated Guests, Free, Prepaid and Standard members will get. Premium Memberships are available in different types of packages. All Premium packages have fixed prices and are valid up to a maximum of 1, 3 or 6 months after purchase date, depending on which package chosen.
Cancellation and Refunds:
You may cancel the service at any time, with or without cause, by deleting your account. If you cancel a paid service, we do not offer a refund of any portion of the fees paid. When a paid service expires, you will lose all the benefits of this paid service. You still keep your account but it will automatically be changed to a Free Membership.
Right of Withdrawal:
The Service is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from us, you have the right to withdraw from your purchase within 14 calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). This may be done by giving us written notice or emailing us via our contactpage. Within 30 days of your notice we will provide you with a refund. However, you loose your right of withdrawal if the performance of the service has begun before the end of the Cooling Off Period.
11. Disclaimer of WarrantiesALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized AupairQuest spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of LiabilityIN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUPAIRQUEST OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms of Service, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make 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.
AUPAIRQUEST’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO AUPAIRQUEST IN CONNECTION WITH THE SITE IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) € 50.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. IndemnificationUpon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
14. Security and PasswordYou are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
15. Participation in PromotionsFrom time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. email, Messaging, Blogging, and Chat ServicesWe may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We reserve the right to restrict the number of communication which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
17. International UseAlthough this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside The Netherlands, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
18. Termination of UseYou agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
19. Governing LawThis site (excluding any linked sites) is controlled by us from our offices within Groningen, The Netherlands. It can be accessed from any other countries around the world. As each of these places has laws that may differ from those of Groningen, The Netherlands, by accessing this site both of us agree that the statutes and laws of the Province of Groningen, The Netherlands, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of Groningen, the Netherlands with respect to such matters.
20. NoticesAll notices to a party shall be in writing and shall be made either via email or conventional mail. Notices must be sent via our contact page, if by email, or at AupairQuest, Postbus 4063, 9701 EB Groningen, The Netherlands if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
21. Entire AgreementThese terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
22.MiscellaneousIn any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
23. Contact InformationExcept as explicitly noted on this site, the services available through this site are offered by AupairQuest, Postbus 4063, 9701 EB Groningen, The Netherlands. If you notice that any user is violating these Terms of Service, please contact us via our contactpage.