PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE MADE BETWEEN RAINBOW AU PAIRS LIMITED A COMPANY INCORPORATED IN ENGLAND AND WALES (COMPANY REG: 06808082) (“WE” AND/OR “US”) AND YOU. BY CLICKING THE TICK BOX MARKED “I ACCEPT” AND/OR BY SIGNING THE FAMILY REGISTRATION FORM, YOU CONFIRM YOU HAVE READ AND ACCEPT THESE TERMS.
WE SUGGEST YOU PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
Click on Table of Contents links to see relevant section of the Terms and Conditions
The following words and expressions shall have the following meanings:
“Acceptance” means a written or oral confirmation of your acceptance of an Au Pair candidate recommended to you by us in according with these Terms; and “Accepted” shall be construed accordingly;
“Administration Fee” means £199 or any such alternate administrative fees as notified to you in writing by us from time to time.
“Au Pair” means an au pair candidate who is registered with us;
“Contract” means the contract formed between you and us in accordance with the Terms herein;
“Family Profile” means information which relates to your family including without limitation your specific requirements in respect of an Au Pair;
“Fees” means the fees for the provision of the Services, details of which are more particularly set out on the Website or otherwise notified to you by us;
“Initial Period” means the period commencing on the date of Acceptance and expiring thirty (30) days following the date of Acceptance;
“Letter of Invitation” means a letter addressed to the Accepted Au Pair confirming his/her placement with you as an Au Pair;
“Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Reservation Period” shall have the meaning set out in clause 3.2.1;
“Services” means the Au Pair placement services provided to you as set out in clause 3, and any other additional services that we agree to provide to you; and
“Website” means www.rainbowaupairs.co.uk or any other unique resource locator notified to you by us from time to time.
2. REGISTRATION PROCESS AND COMMENCEMENT OF CONTRACT
2.1 In order for you to use the Services, you must register your Family Profile with us and agree to these Terms. You may register your Family Profile by contacting us using the contact details on the Website or by completing and submitting the registration form made available to you on the Website. 2.2 Your Contract with us shall commence on the date the registration form is submitted to us. 2.3 Due to the nature of the Services, you agree and consent to the immediate commencement of the performance of the Services and the performance of the Services before the expiry of the the cancellation period under regulation 30 of the Regulations, which is the period ending 14 days after the date of your Acceptance (“Cancellation Period”). 2.4 In most circumstances We fully perform the Services before the expiry of the Cancellation Period and accordingly you acknowledge and agree that, as set out in regulation 36(2) of the Regulations, you shall not have the right to cancel the Contract and waive your rights to cancel under regulation 29 of the Regulations. 2.5 If We do not fully perform the Services during the Cancellation Period, you may cancel the Services during the Cancellation Period and you may be entitled to a refund of the Fees, save that We shall make a deduction from the amount refunded as proportionate payment for the Services that have been provided to you up to and including the date of your cancellation, which we are entitled to charge under the Regulations. 2.4 The Fees for the provision of the Services shall only become due and payable once you have chosen the Au Pair candidate in accordance with these Terms. 2.5 By applying to register your Family Profile, you consent to us conducting verification and security procedures in respect of the information you submit in the Family Profile.
3. OUR OBLIGATIONS TO YOU
3.1 In consideration for your compliance with these Terms, we shall use our reasonable efforts to: 3.1.1 recommend an Au Pair or a selection of Au Pair candidates which, in our reasonable opinion, is suitable to your specific requirements based on your Family Profile; and 3.1.2 make arrangements to put you in contact by telephone with the Au Pair candidate you have selected from the list of recommended Au Pairs. 3.2 Following receipt of your Acceptance and subject to clauses 4.1.3 and 5, we shall: 3.2.1 reserve the Au Pair you have selected for a period of seven (7) days from the date we receive your Acceptance (“Reservation Period”); and 3.2.2 instruct the Au Pair to make all necessary travel arrangements to the United Kingdom; and 3.2.3 liaise with the Au Pair to obtain and provide you with details of the Au Pair’s travel arrangements. 3.3 If you fail to comply with clauses 4.1.3 and 5, we shall be entitled to release the Au Pair from your reservation, in which case the Au Pair may be recommended to, shortlisted and reserved by other families and may not be available to you. 3.4 For the avoidance of doubt, due to the nature of the Services we reserve the right not to provide you with the Services if: 3.4.1 your specific requirements and/or information in your Family Profile has materially changed from the date of your Contract with us; or 3.4.2 the selection of Au Pairs registered with us are not suitable to your specific requirements and/or your Family Profile. 3.5 You acknowledge and agree that We provide an au pair introduction and arrangement service and do not have ongoing obligations to you or the Au Pair following expiry of the Initial Period 3.6 We may update or revise these Terms from time to time and shall notify you of such updates and revisions on the Website. You hereby agree that your continued use of the Services shall be deemed acceptance by you of such changes.
4. YOUR OBLIGATIONS TO US
4.1 You agree to: 4.1.1. provide us with accurate and up-to-date information when requested by us from time to time; 4.1.2. ensure that all information you provide to us, including without limitation in the Family Profile, is at all times true, accurate and correct and to notify us immediately if of any changes to the information in your Family Profile or your circumstances relating to the Services; 4.1.3. provide us with the Letter of Invitation within the Reservation Period; 4.1.4 make all such necessary travel arrangements to ensure that the Au Pair you have Accepted is safely transported to your family home on their arrival to the United Kingdom; 4.1.5 contact us immediately and provide us with all relevant information if the Au Pair you have Accepted fails to arrive at the agreed time and venue; 4.1.6 at all times comply with any guidelines or reasonable instructions we may issue to you from time to time; 4.1.7 not use the Services to do any act which may be or may be deemed to be illegal or unlawful; and 4.1.8 not in our reasonable opinion, behave inappropriately or do any act which may be deemed to be illegal or unlawful during the provision of the Services to you. 4.1.9 not leave the au pair in sole charge of any infants under 2 years of age. 4.2 Without prejudice to any of our rights and remedies, we reserve the right in our sole and absolute discretion to take any action that we deem necessary and appropriate in the event we consider that there is a breach or threatened breach of clause 4.1.
5.1 Unless otherwise expressly agreed in writing or in cases of obvious error, the Fees for the Services shall be as set out on the Website and shall be correct at the time of your Contract with us.
5.2 All Fees shall become due and payable upon your Acceptance of the Au Pair candidate.
5.3. You must pay the Fees during the Reservation Period. If you fail to pay the Fees on or before the expiry of the Reservation Period, the provision of Services may be delayed and we shall not be liable in any way for any loss, damage or claim arising as a result of such a delay.
5.4 All Fees are exclusive of any applicable value added tax (or any successor tax) and any other applicable tax of any nature whatsoever, which shall be added and shall be payable by you in accordance with the law applicable from time to time.
5.5 We reserve the right to charge additional placement fees where the Au Pair has decided by mutual consent with the host family, to stay longer than the original length of placement. These additional fees will be based on the placement fee that We would have charged at the outset, had the placement you originally requested included the length of both the original placement and the placement extension. If you agree with the Au Pair to extend the placement, you agree to notify us by email.
6. REFUNDS AND REPLACEMENT OF YOUR AU PAIR
6.1 If you terminate your Contract during the period between:
6.1.1 the date we receive the Letter of Invitation from you; and
6.1.2 the date on which the Au Pair makes one or more travel arrangements to the United Kingdom,
and you have already paid the Fees, We shall refund you a sum equivalent to fifty percent (50%) of the Fees you have paid to us in relation to the Letter of Invitation (“Refund”).
6.2 You shall not be entitled to a Refund if:
6.2.1 you do not meet the conditions set out in clause 6.1; or
6.2.2 the Au Pair has incurred any costs relating to travel arrangements to the United Kingdom; or
6.2.3 the Au Pair has arrived in the United Kingdom.
6.3 If during the Initial Period:
6.3.1 the Accepted Au Pair fails to arrive to the United Kingdom in accordance with the details of the Au Pair’s travel arrangements which have been provided to you;
6.3.2 the Au Pair terminates his/her placement with you; or
6.3.3 the Au Pair is found to have provided inaccurate, misleading or false information relating to his/her skills, experience, qualification and suitability in respect of his/her placement with you,
We may at our sole discretion provide you with the facility to secure a substitute Au Pair by undergoing the process set out in clauses 3.1 and 3.2 without charging you additional Fees. If we provide you with the facility to secure a substitute as set out in this clause 6.3, we will confirm this offer to you by email (“Substitute Offer”).
6.4 If we are unable to provide you with a substitute Au Pair in accordance with clause 6.3 within thirty (30) days of the date of the Substitute Offer, if you choose not to accept the Substitute Offer or if we do not make a Substitute Offer then, without prejudice to our other rights and remedies, we shall refund you the Fees less the Administration Fee.
6.5 You acknowledge and agree that you shall not be entitled to a Refund or a Substitute Offer if:
6.5.1 the placement of the Au Pair is for a term of six (6) months or less;
6.5.2 the Au Pair has been requested by you to perform duties which were not set out in the Family Profile or any other information provided by you to us;
6.5.3 the Au Pair complains of abuse, mistreatment and/or misconduct either by you or any member of your family or other resident of or visitor to your household;
6.5.4 you terminate the Au Pair’s placement for any reason other than those set out in clause 6.3.3; or
6.5.5 the Initial Period has expired.
6.6 For the avoidance of doubt, all provisions under this clause 6 shall cease to apply upon the expiry of the Initial Period.
7. TERMINATION OF YOUR CONTRACT
7.1 Your Contract with us shall automatically terminate on completion of the Initial Period.
7.2. We may terminate your Contract with us:
7.2.1 upon notification to you that we are unable to provide you with the Services;
7.2.2 if you have not paid us the Fees and/or provide to us the Letter of Invitation in accordance with clauses 4.3.3 and 5;
7.2.3 if we believe that there has been misuse, abuse or fraudulent use of the Services;
7.2.4 if we believe that you have provided us with false, inaccurate or misleading information; or
7.2.5 if we believe that you have failed to comply with and/or are in breach of any of these Terms.
7.3 You may terminate your Contract with us at any time by contacting us using the contact details set out on the Website, however if you terminate after Acceptance you agree that we shall be entitled to retain all Fees paid to us. You agree that the Fees retained represent a genuine pre-estimate of loss that we would suffer or have suffered as a result of your termination.
7.4 Clauses 1, 5 (to the extent of unpaid obligations), 8, 9, 10, 11 and this clause 7.4 shall survive the termination of these Terms for any reason.
8. GOODWILL AND INTELLECTUAL PROPERTY RIGHTS
8.1 Unless otherwise agreed by both parties in writing, nothing in these Terms shall serve to transfer from us to you, the intellectual property rights owned by and/or licensed to us and all rights, title and interest in and to such intellectual property rights shall remain exclusively with us and/or our licensors.
8.2 You are expressly prohibited from reproducing, copying, editing, transmitting, uploading or incorporating in any other materials any of our intellectual property rights and/or removing, modifying, altering or using any trademarks, designs or logos (whether registered or unregistered) owned by us; and/or doing anything which may be seen to take unfair advantage of the reputation and goodwill of Rainbow Au Pairs Limited and the Website or which may be considered an infringement of any of the intellectual property rights owned by and/or licensed to us without first obtaining our written consent.
9.2 By entering into a Contract with us and for us to provide you with the Services, you acknowledge and agree that we may share information provided by you to us, including without limitation, all such information set out in your Family Profile to other third parties and, if you do not wish for us to share your information with third parties in accordance with these Terms, we shall not be able to provide you with the Services.
10. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITIES
10.1 You hereby warrant that:
10.1.1 you have the right and capacity to enter into and be bound by these Terms; and
10.1.2 you shall comply with all applicable laws in your use of the Services.
10.2 You further warrant that all information provided by you to us at all times including, without limitation, such information in your Family Profile is true, accurate and correct and you shall promptly inform us in the event of any changes to such information.
10.3 You acknowledge and agree that the Au Pair does not have employment or any other similar relationship with us.
10.4 You further acknowledge and agree that we only provide you with the Services. You therefore understand that we are not involved in nor are we a participant in any way in respect of your relationship with or any contracts made between you and the Au Pair.
10.5 If you request an Au Pair that has specific abilities, willingness or experience (“Abilities”), including without limitation the ability to drive, language skill level and/or experience or willingness to work with pets, you acknowledge and agree that we shall supply an Au Pair that has confirmed to us, either personally or through their third party representative, that they have such Abilities. However, you acknowledge and agree that we make no commitment or guarantee of any kind regarding the competency or quality of any such Abilities.
10.6 Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with the Au Pair. You are advised to seek legal advice in respect of the relationship between you and the Au Pair including, without limitation, determining whether or not the Au Pair is your employee.
10.7 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently, all information, materials, knowledge, know-how and expertise are provided to you “as is.”
10.8 Any information, suggestion and recommendation made available to you from time to time are intended as information only and do not in any manner or form constitute specific advice of any nature and is not intended to address any of your specific needs or requirements. We advise you not to rely on them to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific course of action. If you intend to use and/or rely on such information, suggestion and recommendation, you do so at your own risks and liabilities.
10.9 Nothing in these Terms shall limit or exclude our liability to you in respect of death and personal injury.
10.10 Subject to clause 10.9, we shall not be liable for:
10.10.1 any indirect or consequential losses;
10.10.2 loss of expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business, loss of contract, loss of goodwill and reputation; and
10.10.3 any other losses however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable and arising out of or in connection with these Terms.
10.11 Our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by you for the Services.
11.1 This Contract and the Terms herein are personal to you and you may not transfer the Contract to any third party at any time. We may transfer the Contract to any third party at any time.
11.2 If we fail at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled to do so under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 11.3 A waiver by us of any default shall not constitute a waiver of any subsequent default. 11.4 No waiver by us of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 11.6 These Terms and any document expressly referred to in them represent the entire agreement between the parties regarding the provision of the Services and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. 11.7 Both parties acknowledge that, in entering into these Terms, neither of parties has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us except as expressly stated in the Terms. 11.8 These Terms are governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
12. SECURITY AND RETENTION OF YOUR PERSONAL DATA
12.1 Your privacy is important to us and we will keep Your Personal Data secure in accordance with our legal responsibilities. We will take reasonable steps to safeguard Your Personal Data against it being accessed unlawfully or maliciously by a third party.
12.2 We also expect you to take reasonable steps to safeguard your own privacy when transferring information to us, such as not sending confidential information over unprotected email, ensuring email attachments are password protected or encrypted and only using secure methods of postage when original documentation is being sent to us.
12.3 Your Personal Data will be retained by us either electronically or in paper format for a minimum of six years, or in instances whereby we have legal right to such information we will retain records indefinitely.
13. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
13.1 You can:
13.1.1 request copies of Your Personal Data that is under our control
13.1.2 ask us to further explain how we use Your Personal Data
13.1.3 ask us to correct, delete or require us to restrict or stop using Your Personal Data (details as to the extent to which we can do this will be provided at the time of any such request)
13.1.4 ask us to send an electronic copy of Your Personal Data to another organisation should you wish
13.1.5 change the basis of any consent you may have provided to enable us to market to you in the future (including withdrawing any consent in its entirety)