Clause I – Basic terms
www.profiaupair.com (hereinafter referred to as ‘Profiaupair’) – internet server providing Au Pair workers’
service negotiations, as well as all other services associated with this service. Profiaupair shall also
hereinafter be referred only as ‘Service’.
Au Pair worker (hereinafter referred to as ‘Worker’) – a physical entity (PE) which has registered at
Profiaupair and offers his or her services as an Au Pair via Profiaupair.
Applicant seeking a Worker (hereinafter referred to as ‘Applicant’) – a physical or legal entity (LE) seeking
Workers for Au Pair services via Profiaupair. The Applicant is chiefly referred to as ‘Family’ or ‘Agency’ in
Profiaupair.
Clause II – Conditions of registration in Profiaupair
A) In order for the Worker or Applicant to be registered in Profiaupair, the following conditions must be met:
1) General conditions
a) The worker shall be a PE aged 18 (say: eighteen) or more fully capable of performing legal acts who has mastered the
work of an Au Pair and has sufficient character and moral features for the work’s proper performance.
b) The Applicant shall be a PE aged 18 (say: eighteen) or more fully capable of performing legal acts or an LE
established in accordance with valid legal enactments of the respective country, capable of establishing legal
relations, thus holding the ensuing rights and duties.
Fulfilment of general conditions is not reviewed. However, failure to meet these conditions constitutes a reason
for excluding the Worker or Applicant from Profiaupair and putting in a claim for damage on part of Profiaupair,
Worker or Applicant to Applicant or Worker who violated these general conditions.
2) Specific conditions:
a) Upon registration into the system, the Worker or Applicant is obliged to fill in the information stated
in the registration form. Providing false information constitutes a reason for excluding the Worker or Applicant
from Profiaupair. The title to compensation for damage is not affected by this exclusion.
b) Upon registration into the system, the Worker or Applicant must state that he or she agrees with the manipulation
with information stated in the form for Profiaupair’s needs and with their disclosure to other Workers or Applicants
on the basis of the following code:
- on part of the Worker, who is granted access to contact information regarding Applicants registered in Profiaupair,
- on part of the Applicant – Family, which is granted access to contact information regarding all Workers registered in Profiaupair
- on part of the Applicant – Agency which is granted access to contact information regarding all Families, Workers and Agencies registered
in Profiaupair.
B) Upon the day of the registration the Worker or Applicant becomes a Client, the registration form becomes a client account (hereinafter only ‘Account’)
and the information it contains becomes Account contents (hereinafter only ‘Contents’).
C) In order for the Client to become a member of Profiaupair (hereinafter only ‘Client – Member’), he or she must,
besides meeting the above-mentioned general and specific conditions, pay a membership fee according to terms
stated in the registration form. The alteration from Client to Client – Member shall be executed within 72
(say: seventy-two) hours after the payment of the membership fee. The payment time is defined as the time of
the fee’s charge on the account of Profiaupair. If the alteration should not be executed within the specified
time limit, the Client obtains the right to double the period for which he or she paid the membership fee. If
for any reason the membership is not activated within 7 (say: seven) consecutive calendar days after the payment
of the membership fee, the Client obtains the right to demand the return of the membership fee.
Once paid & activated membership is non-refundable.
D) A Client who decided not to pay membership fee is, within the meaning of these Business conditions, no longer
regarded as a member of Profiaupair (hereinafter only ‘Client – Non-member’), that is a Client who is entitled
to see only those parts of Profiaupair which are not assigned exclusively to Client – Members.
3. Upon meeting general and specific conditions regulating the registration, the Client is provided with data
authorisation message (‘Authorisation message’) in an e-mail sent to the mailbox which he or she provided during
the registration. This message contains a password providing the Client’s access to the Account. It is necessary
to use this password every time the Client logs into the system. The password can be changed in the administration
section.
4. The Client should be aware of the fact that registration in Profiaupair is valid for unlimited period of time
provided the Client actively accesses his or her Account and that the registration holds from the day on which the
Client was sent the authorisation message. The Client shall furthermore be aware of the fact that if he or she does
not actively access his or her account for longer than 45 (say: fourty-five) consecutive calendar days, he or she
becomes ‘non-active’ or ‘invisible’ to other Clients until he or she starts using the Service again.
Clause III – Rights and obligations, Client’s duties
(Note: if not stated otherwise, it is assumed that rights,
obligations and duties apply to Client – Member as well as Client – Non-member)
1) Client’s rights
A) Every Client has the right to view his or her Account and change its Contents.
C) Every Client has the right to delete his or her account at any time, thus cancelling his or her
registration in Profiaupair.
D) Every Client – Non-member has the right to shift to Client – Member status at any time according to
his or her consideration.
2) Client’s obligations
A) Client must not use the Service if he or she may not use it under the laws of the Czech Republic or under
the laws of the country in which he or she uses the Service.
B) Upon his or her registration, change of Contents or payment implementation, Client is obliged to submit true,
precise, correct, complete and current data. In case of a change in the data or other information, he or she is
obliged to react to this by changing the Contents forthwith.
C) Client must not:
a) submit data or information in the Contents which is insulting, impolite, illegal, intolerant, discriminatory,
improper, annoying or otherwise objectionable,
b) pretend to be a fictive person or a person with a different identity,
c) forge captions or otherwise manipulate with identifiers for the purpose of hiding his or her identity and the
Contents’ background in the course of using the Service,
d) insert information in the Contents which violates copyright laws, commercial secrets or ownership rights,
e) insert information in the Contents or transfer data which contains software viruses, Java script codes of any
kind, html labels or other data which could damage or disrupt function of the Service,
f) insert information in the Contents which would feature pornography, obscenities, violence or other unsuitable
issues,
g) insert information in the Contents which offers anything else than information regarding the Worker – Applicant
relationship concerning child care,
h) state contact information in a different place than in the first part of the Account,
i) keep more than one Account,
j) share membership or information contained in the Account with any other person,
k) provide passwords which Profiaupair supplied him or her with to other persons,
l) interfere with another Client’s Account.
3) Client’s duties
a) The Client undertakes to use the Service only for purposes which are defined in these Business conditions
and which correspond with their usage even if they are not explicitly defined in these Business conditions.
b) The Client undertakes not to use (or even try to use) any means other than interface provided by Profiaupair
to access any function of the Service so long as he or she does not obtain an explicit written consent of
Profiaupair to use these other means.
c) The Client undertakes not to perform any actions which would disrupt or damage the Service (or servers and
networks connected to the Service).
d) The Client undertakes not to, without written consent of Profiaupair, in any way reproduce, duplicate or
copy Profiaupair’s contents or use it for sale or business purposes as well as for business negotiation.
e) The Client undertakes not to, under any circumstances, use or even try to use the Service to:
- persuade other Workers or Applicants to use other internet sites which would provide other Workers or
Applicants with contact information concerning other Workers or Applicants,
- post a notice which would be regarded as competitive towards Profiaupair,
- entice other Workers or Applicants to use other services than those directly proposed or approved by
Profiaupair (e.g. the collection of e-mail addresses by other website providers which offer provision of Au Pair
services for the purpose of acquiring new Clients).
Clause III a) – Client’s declarations
The Client takes into consideration and consents that
1) the Contents of the Account shall be made available to other Clients and, with the Client’s consent,
to Clients – Non-members (see Clause III par. 1 letter b)),,
2) Profiaupair may use all Contents for purposes of reproduction, modification, publication, advertising,
campaigning, media featuring and translating, free of charge, permanently and irrevocably,
3) he or she shall be held exclusively accountable for violation of these Business conditions, as well as
for consequences of such violation (including financial losses or damage which Profiaupair may consequently
sustain),
4) in course of his or her using the Service, he or she might be exposed to Contents which he or she might
regard as offensive, impolite and unsuitable or objectionable and that in this respect he or she uses the
Service at his own risk,
5) he or she shall be held exclusively accountable for all Contents he or she creates, sends or displays in course
of the Service’s usage as well as for all consequences of such actions (including the eventual loss or damage which
Profiaupair sustains) and that Profiaupair does not bear any responsibility for such Contents towards another Client
or any other third party,
6) the Contents of Account other than his or her own which he or she will be provided with as part of the Service,
including, although without restriction to, advertising notices in the Services and the sponsored link as part
of the Services, may be protected by laws regarding intellectual property, whose owners or possessors are
sponsors or submitters of advertisements who provide such Contents or links to Profiaupair (or other physical
or legal entities on their behalf). Without explicit written consent of Profiaupair or the owners or possessors
of those links in an autonomous agreement, he or she may not change, lease, lend, sell or distribute any such
Contents, links or any of their parts, as well as create derivative works or products on their basis. Profiaupair
reserves the right to (without being under any circumstances obliged to) browse, assess, evaluate, filter,
readjust, refuse and delete any Contents or links before these are displayed on its website.
Clause IV – Termination of registration and Profiaupair membership
1. Registration in Profiaupair can be terminated by deleting the Account on the side of the Client (see par. 2)
or by deleting the Account on the side of Profiaupair (see par. 3). Membership can be also terminated upon the
expiration of the period for which it was paid (see par. 4).
2. Every client is entitled to terminate his or her registration in Profiaupair at any time by deleting his or
her Account at www.ProfiAupair.com/en/delete-account.html. This also applies to accidental deletion of the Account.
Upon the deletion of the Account, be it accidental or not, the membership in Profiaupair is terminated without
the return of the previously paid membership fee.
3. Profiaupair has the right to delete the Account in case the Client violates Clause III 2. letters b), c), i),
j), k), l) or Clause III 3. letters b), c), d), e). Profiaupair also has the right to delete the account if
the Client is ‘non-active’ (see Clause II par. 4 of these Business conditions) for a period of time longer
than 6 (say: six) months, as well as ain cases explicitly stated in these Business conditions. Profiaupair
shall send an Account deletion notice to the e-mail address provided by the Client upon his or her registration
stating the reason for which the Account has been deleted. If the Client does not agree with the reason for
the Account’s termination, he or she is entitled to contact the competent court. If the Client violates
regulations other than the above-mentioned regulations specified in Clause III 2. or in Clause III 3., such
action constitutes the right for Profiaupair to temporarily interrupt the Client’s usage of the Service.
Profiaupair shall send an Account interruption notice to the e-mail address provided by the Client upon his
or her registration stating the reason (hereinafter only ‘impediments’) for which the Service usage has been
interrupted, together with establishing the deadline until which the Client is obliged to remove the impediments.
Should the Client not remove the impediments, Profiaupair has the right to delete his or her Account.
Sentence 3 of this regulation also applies here.
4. Profiaupair membership ends upon the lapse of time for which the membership fee was paid. If the Client is
interested in further continuation in the Client – Member regime, he or she is obliged to pay the membership
again.
Clause V – Relieve of responsibility of Profiaupair
1. Profiaupair does not bear any responsibility for the content of information displayed at Profiaupair
(this applies to written text, photographs and other data) on the side of the Workers or Applicants. The
responsibility for the content of such information is borne exclusively by the entity (Worker or Applicant)
which the content of such information comes from.
2. Profiaupair does not bear any responsibility resulting from appointments and agreements between Workers
and Applicants.
3. Profiaupair does not bear responsibility for damage done to computers operated by the Applicants or Workers
caused by data and other information downloaded from Profiaupair, neither for the loss of data on these computers
resulting from transferring such data onto the Applicants’ or Workers’ computers.
4. Profiaupair does not bear responsibility for
- the fact that the Service does not meet all the Applicants’ or Workers’ requirements,
- the Service’s non-stop availability, particularly not for termination of services on the part of the internet
domain provider.
5. Profiaupair does under no circumstances bear responsibility for material or immaterial damage, including
profit loss on the part of the Applicants or Workers resulting from using the Service, even if Profiaupair
has been notified of the possibility of such damage, if such damage occurs upon:
- using the Service or in course of its unavailability,
- any changes whatsoever performed in Profiaupair by Applicants or Workers,
- unauthorised access to the Account or the transferred data.
6. Members of the Profiaupair team are not criminally responsible for claims made by any Applicant or Worker
resulting from the inserted Contents or ensuing from the inserted Contents.
Clause VI – Final provisions
1. These Business conditions, all rights and obligations ensuing from them as well as the actual Profiaupair’s
operation operate exclusively upon the system of laws of the Czech Republic. The Applicant and Worker gives
his or her explicit consent that any and all possible disputes shall be adjudged by competent general courts
of the Czech Republic.
2. These Business conditions, the Service as a whole including all applications and other features as well
as its individual parts constitute explicit intellectual property of Profiaupair. Without explicit written
consent of Profiaupair, its usage or the usage of its parts, conditions or procedures herein defined, together
with its imitations, is forbidden.
3. These Business conditions can be amended, with the Profiaupair’s right to perform amendments without
informing the Applicants or Workers. The amendment of Business conditions becomes valid and comes into effect
upon the day of its announcement on these web pages. Applicants and Workers are affected by the version of
Business conditions valid and effectual on the day of their registration.
4. These Business conditions are processed in two original versions, i.e. Czech and English. If discrepancies
between the language versions occur, the wording of the Czech version applies.
5. Business conditions are valid and come into effect on the date of 28/06/2007.
The Profiaupair team
