Our Terms and Conditions

Introduction

This is a legally binding Agreement for the provision of SunnyAuPairs between You and Sunny Online Limited. By using the web site, SunnyAuPairs, and/or by applying for or receiving membership services from SunnyAuPairs, you represent and warrant that you are 18 years or older, that you agree to provide true, accurate, current and complete information (including an accurate email address) as prompted by the registration form on this website and that you agree to be bound by the following Terms and Conditions:

Parties

You and Sunny Online Limited

1. Definitions

In these Terms & Conditions the following words have the following meanings unless the context requires otherwise:

1.1 "Agreement" means this Agreement between You and Us incorporating these Terms & Conditions for the provision of the Service;

1.2 "AuPair Documents" means a Dear Family Letter, character references, a doctor's medical certificate and childcare related photos Posted by an AuPair Member;

1.3 "AuPair Member" means a Member who has registered on SunnyAuPairs for the purpose of finding a host family;

1.4 "Family Member" means a Member who has registered on SunnyAuPairs for the purpose of finding an Au Pair;

1.5 "Full Member" means a Member who has full membership status on SunnyAuPairs and has paid the membership fee;

1.6 "Guest Member" means a Member who does not have full membership status on SunnyAuPairs and has not paid the membership fee or whose membership has expired;

1.7 "Liability" means Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities as set out in Clause 7 below;

1.8 "Member" means any person who has registered and certified that she/he has read and understands and agrees with these Terms & Conditions and the general intent thereof, makes use of the Service and/or browses the information and/or material contained in the Service;

1.9 "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases "Posted" and "Posting" shall be construed accordingly;

1.10 "Private Details" means a Member's postal address;

1.11 "Profile" means the section containing details and/or information about You composed and Posted by You;

1.12 "Public Details" means a Member's Profile excluding their Private Details;

1.13 "Service" means the SunnyAuPairs website service provided by Us to You;

1.14 "SunnyAuPairs" means the website www.sunnyaupairs.com;

1.15 "Visitor" means any person browsing SunnyAuPairs who is not a Member;

1.16 "We", "Us", "Our" means Sunny Online Limited, 16 Throgmorton Hall, Old Sarum, Salisbury, Wiltshire, SP4 6BQ, England;

1.17 "You", "Your", "Yourself" means the person whose application for membership of the Service is accepted by Us on the website;

2. Basis of Contract

2.1 We agree to provide and maintain SunnyAuPairs. By using SunnyAuPairs or the Service You agree to abide by the Terms & Conditions.

2.2 On becoming a Member You agree that Your Public Details can be displayed on SunnyAuPairs.

2.3 You acknowledge that your Public Details Posted by You on SunnyAuPairs will be able to be accessed by Visitors and Members.

2.4 It is a condition that You shall amend Your details with Your new email address immediately or mail forwarded to yourself will not be guaranteed otherwise and we take no responsibility for subsequent loss of mail therein or any other Liability.

2.5 You are solely responsible for Your own interactions with other Members.

2.6 You shall be responsible for the accuracy of any information necessary for Us to perform the Service and for Your interactions with other Members.

2.7 Family Members will be allowed to contact AuPair Members and view their uploaded documents only if the Family Member is a Full Member.

2.8 AuPair Members will be allowed to contact Family Members only if the Family Member or AuPair Member is a Full Member.

2.9 Your application for membership shall come into effect once We have received Your details and We notify You of Our acceptance of your membership by email as confirmation.

2.10 We reserve the right to police and remove for any reason any information, photographs and/or other material Posted by You, deemed unacceptable for the site.

2.11 We reserve the right to refuse any application for membership for any reason.

2.12 We reserve the right to vary these Terms & Conditions at any time. Please visit SunnyAuPairs to ascertain our current Terms & Conditions.

2.13 We reserve the right to make changes to the Service as deemed necessary or desirable.

3. Payment & Prices

3.1 Registration on SunnyAuPairs is free. A paid Membership is not required to list your family or au pair profile or search the SunnyAuPairs database. Once you have registered for free, you may choose to purchase a Full Membership to gain access to our messaging system allowing you to contact either the Family or Au Pair. Members may choose not to receive messages from other members who are not on their list of preferred nationalities specified in their Profile. According to visa regulations, some countries will not accept au pairs from certain countries.

3.2 The joining fees for full membership of the Service are shown under " Membership Fees". We reserve the right to vary these prices at any time.

3.3 Our preferred method of payment is by credit/debit card. Payment is made by a secure server, which will encrypt Your transaction for Your security.

3.4 All credit/debit card payments must be made in £ Sterling, U.S dollars or Euros only.

3.5 Payment will also be acceptable by cheque, money/postal orders in £ Sterling only as displayed in our Full Membership Fees and must be made payable to Sunny Online Limited.

3.6 All membership fees once paid are non-refundable under any circumstances.

3.7 Full membership shall not be deemed to be accepted until We have received cleared funds in respect of the full amount outstanding.

3.8 Our UK Full Membership fee is exact. Foreign currency fees are only there for guidance and will be updated from time to time. SunnyAuPairs will not be held responsible for exchange rate fluctuations.

4. Termination

4.1 If You decide to terminate this Agreement this must be done by notifying Us by email or by You deleting Your account by signing in to the SunnyAuPairs website with your email address and password and clicking the button "Delete My Account" on the "My Account" webpage.

4.2 We reserve the right to deactivate Your account in the event You have not signed in to Your SunnyAuPairs account for over 30 days. Deactivation of Your account means that Your profile will not appear in the results of any database searches on SunnyAuPairs. You will be notified via Your registered email address that Your account has been deactivated. If You do not reactivate your account within 15 days of deactivation, We reserve the right to delete Your account and terminate this Agreement.

4.3 We will have the right of termination of this Agreement if You fail to make full payment when due, If the information that You provide is found to be untrue or if You breach the terms of this Agreement.

4.4 Anyone making a fraudulent payment will be removed from Our database immediately.

4.5 If Our Internet provider reports that Your email address no longer exists then We may subsequently close Your account, resulting in loss of Your membership.

5. Obligation of Member

5.1 You may not include or enter your personal contact information such as an email address, ICQ number, chat address or personal web page address in any text field of your Profile which does not specifically request such information. You may not use SunnyAuPairs to promote another site, service and/or business in any way. We reserve the right to amend accordingly Your Profile not in compliance with this standard.

5.2 You will not transmit and /or Post any chain letter and/or junk email to other Members; solicit other Members' business, buy or sell products and/or services through SunnyAuPairs.

5.3 You will not misuse in any way the Service or any information Posted on SunnyAuPairs.

5.4 You will not collect for commercial re-use email addresses displayed on SunnyAuPairs.

5.5 You will not Post and/or reproduce in any way any information and/or material in which the copyright, trade mark and/or intellectual property belongs to another party without first obtaining the prior consent of the owner of such rights.

5.5 You will not transmit and/or Post and/or email any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software.

5.6 You will not interfere with or disrupt (or attempt to interfere with or disrupt) SunnyAuPairs or servers or networks connected to SunnyAuPairs or disobey any requirements, procedures, policies or regulations of networks connected to this site.

5.7 You will not in any way assign, transfer, part with and/or authorise any other person to use (A) Your membership or (B) transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in our opinion is sexually explicit, racist, abusive, threatening or likely to cause offence to another Member.

5.8 You will not create or maintain more than one active Profile at a time.

5.9 You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.

6. Intellectual Property Rights and Confidentiality

6.1 All copyright and design rights are owned by Us and are not available for use by any other party.

6.2 We recognise Our responsibilities under the Data Protection Act and We will keep Your Private Details confidential and will not disclose such information, without your permission, except if required to be disclosed by law.

7. Limitations of Liability

7.1 We accept Liability for our own negligence in providing and maintaining SunnyAuPairs and the Service and for Posting any of Your amendments to Your Profile, Private Details and Public Details on the condition that you keep your Profile, Private Details and Public Details accurate, up-to-date and complete.

7.2 We do not accept Liability for any false, inaccurate and/or misleading information Posted by any Member or “computer hacker” or other third party in their Profile.

7.3 We do not accept Liability for:-

7.3.1 the suitability of any Member, accuracy of AuPair Documents or personal details supplied by any Member and are hereby expressly excluded from all liability whatsoever either directly or indirectly arising from the introduction of a member. We cannot check personal references and the Family Member hereby acknowledges the Family Member's responsibility to make their own enquiries and obtain a satisfactory reference.

7.3.2 the availability of any Member. Whilst a member's Profile may still be listed on SunnyAuPairs, We cannot guarantee that the AuPair Member is still seeking an Au Pair job or the Family Member is still seeking an Au Pair.

7.3.3 the Service, results, availability, activity and/or uninterrupted use, if for any reason there is an interruption to Our server provider or if it should become necessary to move the Service to another server.

7.3.4 any defect in the Service caused or contributed to by You and/or any other Member.

7.3.5 Your reliance on any information and/or other material Posted on SunnyAuPairs or Posted to You by other Members.

7.3.6 any Member's and/or unauthorized user's misuse of information and/or other material Posted by You on SunnyAuPairs and/or Posted by You to other Members.

7.4 No copyrighted or trademarked information of names or the site itself will be used, if so, the user of such is subject to liability.

7.5 Nothing in this Agreement shall exclude or limit any of Your statutory rights.

8. Force Majeure

We will not be liable or deemed to be in breach of contract by reason of delay or failure to perform any of Our obligations if this delay or failure was due to any cause beyond Our reasonable control.

9. Indemnity

You agree to indemnify Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of SunnyAuPairs, information and/or other material Posted on SunnyAuPairs by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

10. General

10.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.

10.2 These Terms and Conditions are subject to the law of England and Wales and the exclusive jurisdiction of the courts of England and Wales.

10.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

11. Membership Fees

11.1 Family member:

Guest membership is free of charge.

6 months full membership £65 (GBP), $130 (USD), €100 (Euro).

12 months full membership £100 (GBP), $200 (USD), €155 (Euro).

11.2 Au pair member: