LOG IN
TERMS OF USE
We ask the user to read these terms carefully.
These conditions are the rights and obligations that regulate the relations between AUPAIRONLINE and its members. Their acceptance is a prerequisite of registration to the website. In the case where the rules of these conditions are declared invalid, in whole or in part, in application of a law, regulation or definite sentence, all the other articles will remain valid and effective.
AUPAIRONLINE reserves the right to change at any time without prior notice, the following items, rules or possible use of the services offered. The user may at any time verify the conditions of use in force directly on line on the pages of the site. The amendments will enter into force from the time they are placed on the network.
Users are invited to keep constantly updated on terms of use in force. If you select the boxes "I certify to be over 18 and I have read and accepted the terms of use of the website aupaironline" and "I have read information on privacy, and I authorize and consent to the use of my personal data" the subscriber declares to be fully informed on these conditions and undertakes to respect the same.
With regards to any members who fail to comply with these terms, AUPAIRONLINE reserves the right to suspend or cancel the use of service of any user who violates them.
In the use of the services of aupaironline, the user undertakes in addition to respect the present conditions, also that of the articles of law in matters of contract and the rights of third parties. The failure to act of AUPAIRONLINE in the event of failure to fulfil the other part of any article contained in these conditions does not constitute a waiver to act in the future with respect to such failure.
ARTICLE 1
WHO WE ARE
The web-portal AUPAIR-ONLINE.COM is owned by Liana Zimmardi, with tax domicile in Via P. EP Umberto n. 181.90047 Partinico, Palermo, Italy.
AUPAIRONLINE promotes cultural exchanges between host families, from now on called the host-family, and persons who wish to undertake a programme of work or fair exchange (au pair).
AUPAIRONLINE makes reference to and subscribes to the Europe Agreement on au pair placement in the EU-15 (adopted in Strasbourg on 24 November 1969).
AUPAIRONLINE is not in any case responsible for any inaccuracies in the site or on the legislation in force in each country concerning entry visas, residence permits and rules of employment.
Article 2
I. ACCESS TO SERVICES OF AUPAIRONLINE
II. REGISTRATION TO AUPAIRONLINE
III. USERNAME AND PASSWORD.
IV. SERVICES PROVIDED TO USERS AND BASIC SERVICES
V. BENEFITS TO SUBSCRIBERS AND ADDITIONAL SERVICES
VI. CANCELLATION OF SUBSCRIPTION
VII. DEACTIVATION OF SUBSCRIPTION
I.ACCESS TO SERVICES OF AUPAIRONLINE
Access to the services of aupaironline requires the user to have hardware and software suitable and therefore compatible with the technology level the operator considers appropriate to maximise both the level and enjoyment of the service.
II. REGISTRATION TO AUPAIRONLINE
To be subscribed to aupaironline, it is necessary to have a minimum age of 18 years and fill in all fields of the registration forms. The user is responsible for any fraudulent statements about his/her age made at the time of registration. The registration is free.
III. USERNAME AND PASSWORD
To access the area reserved for subscribers and to the basic services of AUPAIRONLINE, the user needs to choose at the time of registration a username and a password. These are the access codes of the user, and are strictly private. The user must take care of their own access codes and keep them private. The knowledge of username and password by third parties would allow access to AUPAIRONLINE in the name of the user. The user in this respect is directly and indirectly responsible for improper and unlawful use (both for the user, from both countries that use the services in the user's name) of the resources offered by AUPAIRONLINE.
In the case in which a user communicates or uses this information in a manner contrary to their purpose, AUPAIRONLINE reserves the right to cancel it without notice. The user will have the option of changing their password at will. AUPAIRONLINE, will trace only the latest password, and the earlier password will be replaced every time a new password is registered. If the user forgets their password, they will quickly receive a message delivered to the email address the user has registered with the site. Clicking on "Forgot your password? Click Here" subject to the inclusion email address registered, the system will automatically send the user the password. In case of loss, theft or loss of access codes, user is invited to notify AUPAIRONLINE immediately, so that they can invalidate and replace the user's password with a new password.
IV. SERVICES PROVIDED TO USERS AND BASIC SERVICES
AUPAIRONLINE provides its users a series of services, some free, others in exchange for payment. To take advantage of free services a simple registration to the website is all that is needed. By choosing a username and password you have access free of charge to services such as (for example):
- the possibility to register and enter personal data (other members have the opportunity to view the new user's information and may contact him/her)
- the search for an au pair/host-family if you select the characteristics of profiles to be searched.
The search will be carried out under the "category searched for" stated by the user during registration (e.g. an aupair can carry out a search only with respect to information of the hosting families). The system will offer the possibility to select a range of parameters (e.g.: sex, time of departure, spoken language, etc.). Outcome of the search will result in selecting all the profiles of the subscribers of the site which possess the characteristics selected;
- to insert up to five photographs in their own profile;
- enlargement of the photographs published on the website;
- the most active users (allows the positioning of their profile in the first pages of the search of other users on a ranking system which is constantly updated - more clicks on the site means an advancement in rank);
- send free messages for the initial contact (the user may send as many free messages that they wish. On receiving messages, they can see only the presentation profile of aupair/host-family. In order to respond to the message and display it in full, it is necessary to have a paid subscription);
- Quick Search -The service offers the opportunity to select the simple features for users that the user wishes to contact and, consequently, creates a list of profiles available to be contacted;
- Advanced Search-The service offers the opportunity to select the advanced features of the users that you wish to contact and, consequently, creates a list of profiles available to be contacted excluding those incompatible with the advanced search.
V. BENEFITS TO SUBSCRIBERS AND ADDITIONAL SERVICES
ADDITIONAL SERVICES. Liana Zimmardi, owner of the site AUPAIRONLINE, offers the opportunity to users to take advantage of additional services (in exchange for payment). For the use of services, which among others include:
- the possibility to read the complete profiles of the categories requested with access to the name and last name, country, city, address, telephone and email, for a set period;
- the possibility to contact or be contacted by the messaging system offered by the website and to use the same;
- priority in the search (the profiles of subscribers are the first to be displayed by the users when they use the "Search" option);
- the use of all those services that Zimmardi Liana in the future to be implemented to offer to the users;
- possibility of appearing on the front page of AUPAIRONLINE, with a minimum number of daily views and for a fixed period.
The services in exchange for payment of AUPAIRONLINE will be activated only for those users who specifically request the activation of those services and give authorisation.
A user who is not a subscriber will be notified by the system whenever an attempt to use a service that falls within those requiring payment. At the same time, the user will see a link through which the user can access the page for the purchase of access to those same services.
VI. CANCELLATION OF SUBSCRIPTION
Cancellation from the AUPAIRONLINE website may be made at any time. The user should send an email to info@aupair-on-line.com with their username and password selected during registration (or the most recent password in use) and with the subject 'Cancellation'. In case of non-use of the service or in the absence of login within 120 days, the profile will be completely removed from the database.
VII. DEACTIVATION OF SUBSCRIPTION
Deactivation of a user's profile on the website AUPAIRONLINE may occur at any time. It is sufficient that the user selects the option in his/her profile under the heading "visible" yes/no". It is possible to reactivate the profile in the same way.
Article 3
I. PERSONAL DATA COMMUNICATED BY THE USER
II ACCURACY OF THE DATA COMMUNICATED .BY THE USER AND THE EXEMPTION OF THE RESPONSIBILITY OF ZIMMARDI LIANA
I. PERSONAL DATA COMMUNICATED BY THE USER
To register with AUPAIRONLINE the user is requested to provide some personal information. Specifically for use of the services of AUPAIRONLINE a valid e-mail is required and some personal data and information relating to the user is required to describe the user's profile. The user is obliged to confirm the accuracy of the email address given when answering the registration confirmation e-mail sent by the staff of AUPAIRONLINE.
If the confirmation is not confirmed, the user cannot access the services of the site and the staff reserves the right to cancel the user's account. E-mail address provided by the user will be visible to registered users only of the opposite category, and will be used also by the staff of AUPAIRONLINE to send information, updates, and, in general, to interact with the user. The user's data that will be visible to other users are those that he/she has chosen to include in their profile. When the profile is viewed by other users, they will see (as well as any other details entered by the user) the group, name, surname, country of residence and age declared by the user at the time of registration (e.g. Au pair Anna Bianchi, resident in Italy, 19 years of age).
E-mail and the additional information will be displayed only to the registered users and subscribers of the opposite group or in the case a specifically contacted user has registered and has a paid subscription.
If a user wishes to introduce the site to a friend, they can do so by providing to AUPAIRONLINE the name and email address of the person 'invited'. The user is responsible for obtaining the prior explicit permission from that friend to share the data (name and email address). On the part of AUPAIRONLINE, this information is to be exclusively used for the purpose of sending an invite on behalf of the registered user who invited him/her to AUPAIRONLINE, an email to inform him/her of AUPAIRONLINE and the services offered. The user is solely responsible to AUPAIRONLINE for the friend and of third parties, and the consequences of the transmission of their data to aupaironline. The user also has the possibility to enter and publish online (after approval by the staff of AUPAIRONLINE) one or more their images in electronic format. The latter may at any time without notice, and with the full discretion of the staff of AUPAIRONLINE, be removed.
The user specifically authorizes Liana Zimmardi to use the registered data, including pictures and photographs in electronic format, for the purposes of promotional activities organised by AUPAIRONLINE. No compensation can be claimed and all legal rights to the data including personal information and photographs in electronic format is forfeited. It is forbidden to enter sensitive data as defined by Italian law 196/2003 Art. 4: "sensitive data indicating personal data such as of their race and ethnic origin, religious , philosophical or other convictions, political opinions, political party membership, unions, religious associations or organisations, philosophical, political or trade unions, and personal data which reveals the state of health and sex life". In the case in which the user, contrary to law, includes this type of data, the holder of the data does not assume any responsibility in relation to possible dissemination and damage caused by this. Note that the services offered by AUPAIRONLINE do not involve the processing of sensitive data, some information or content (e.g. photographs) that the user provides may, at the user's own responsibility, reveal some personal characteristics. By providing such information, the user concerned indicates their intention and explicit approval for the treatment of such data on the part of AUPAIRONLINE on the sole responsibility of the user. AUPAIRONLINE has taken all the precautions that the information in its databases is stored in a protected environment. Only some of the operators of AUPAIRONLINE may have access to personal information and exclusively only when needed. The user's data is managed by Liana Zimmardi in accordance with the regulations on privacy (Italian law).
II ACCURACY OF THE DATA COMMUNICATED BY THE USER AND THE EXEMPTION OF THE RESPONSIBILITY OF ZIMMARDI LIANA
The user alone is responsible for the accuracy of their data entered and communicated to Liana Zimmardi and any other users and shall undertake to inform immediately any possible amendments of the data supplied upon registration or, where appropriate, to make these changes directly in the first person and under their own responsibility, in the personal space reserved for them. Any changes to the user's profile requires the consent to the treatment of the data contained therein. Liana Zimmardi is not responsible for the accuracy, inaccuracy or conformity to the truth. In particular, since the obligation and in the absence of the technical means to ensure the identity of the users of its services, Liana Zimmardi is not responsible in the case of "abuse of the identity" of a user or false statements. In the interests of accuracy and fairness, it is prohibited for the user to have more than one subscription (using various names but all subscriptions attributable to the same person).
The responsibility of the content of messages (with any text or images attached) as well as the consequences of the dissemination of data provided by the user on his/her personal information and/or that of the other subscribers are the exclusive responsibility of the user.
On taking the initiative to transmit and disseminate through the site AUPAIR-ONLINE.COM any personal data or other, information, text, content and images the user renounces any action against Liana Zimmardi for any harm to his rights (in particular for infringement of the right to their image, harm to honour and reputation, to the intimacy of his/her private life) arising from distribution or disclosure of information on and through the disclosure of the information which they have provided, through their registration to service and in application of the current Conditions of Use, on account of the user's free and express consent. Liana Zimmardi may use to the fullest degree any information and in general, every element comprising any additions to defend them against claims of third parties and to protect their interests. Liana Zimmardi is also responsible for the content disseminated by a user that violates the rights of one or more members or of third parties, or undertakes to moderate such content that users publish under their own responsibility. In this respect Liana Zimmardi warns that these contents could be images and themes of controversial nature or in any event not suitable for the general public; that these contents are not the possession of Liana Zimmardi, but those of the user who has written and sent such content; and that it has no power of control and supervision of the contents of the messages, it is not responsible in the case in which these are questionable or offensive. Having made these due considerations, Liana Zimmardi declines any responsibility in the case in which minors have access. AUPAIRONLINE has no obligation to verify the reliability of data provided.
Article 4
I. OBLIGATIONS OF THE USER
II. OBLIGATIONS OF AUPAIRONLINE
I. OBLIGATIONS OF THE USER
In addition to any obligations to act in accordance with the Italian Civil Code, the user has the following obligations:
1) the user may not use the services offered by aupaironline to plan and/or promote his/her own or other professional or commercial objectives (search for customers, publication of advertising messages, etc), or for purposes which are not strictly related to the "Search of an aupair or host-family".
2) the user may not publish in the spaces provided by AUPAIRONLINE, or disseminate using the resources of AUPAIRONLINE any material which infringes on the national and international standards on the protection of copyright, trademarks, patents and in general of any intellectual properties (e.g. pictures, texts, messages etc). In every case, the material released or sent via AUPAIRONLINE from the user must be original, if otherwise, its publication must be authorised by the owner of the material.
3) the user may not divulge (in whatever form) expressions which are against the law, considered moral hazards or against the accepted principles of morality. Neither expressions which are offensive, defamatory, insulting, obscene (pornographic material is not permitted), or expressions that incite violence, racism or xenophobia (and in general any behaviour which is a breach of the peace, or that damages or harasses individuals or groups). Also not permitted are images and/or information relating to children. The profiles of users which appear offensive may be, in whole or in part, removed by the staff of AUPAIRONLINE (ex officio and at its full discretion); or the user warned by AUPAIRONLINE to make due amendments or corrections.
4) the user may not interfere with the use and enjoyment by other users of the service or with the use by others of similar services.
5) the user may not harass other users continually trying to communicate with someone who has directly or indirectly expressed the desire to stop communication and contact.
6) the user may not use the services of AUPAIRONLINE to propose to other users illegal activities, to spread information that is related to illegal activities, to propose or accept through the service any money or other objects of value at any level.
AUPAIRONLINE is not liable for the legality of the actions of its members, holding the user solely responsible, also liable, for the damage caused by violating these conditions of use directly or indirectly.
AUPAIRONLINE is able to trace the telephone service connected to the computer from which the user has made their registration and at the request of the public authority will provide the data and/or the information necessary to trace back to the perpetrators of any offences. In particular, AUPAIRONLINE warns its users of the possibility of encountering on the network people who may access the system with fraudulent intent. Unable to control or supervise the activities and communications between users, LIANA ZIMMARDI is in no way responsible for:
- any disputes which arise between two or more users;
- damage (moral and/or material) possibly caused by a member of one or more users; AUPAIRONLINE has its own discretion, after assessing the gravity of the behaviour in question, at its own behest or upon notification by other users who are bothered, harassed, or offended in their own right, to warn the user guilty of misconduct or, in serious cases, delete the user from the site (without prior notification or notice).
7) the user may not overburden the space occupied by publishing material that creates excessive consumption of bandwidth by users or that may slow down the navigation within the website.
8) the user may not use their own page to refer to files or pages which relate to another sever (redirects), or store in the message space available by AUPAIRONLINE, files of an executable nature (e.g. exe, com, bat, etc). AUPAIRONLINE reserves the right, in the case of a breach of these conditions, to remove at its discretion and without notice, the material in question, or in serious cases, to disable the service or delete the user from the site.
9) the user may not use the services supplied by AUPAIRONLINE to commit, directly and/or indirectly, acts contrary to national and international law and/or the rules of netiquette, with particular reference to the practice of spam. Sending of e-mail communications, not authorized, nor required or requested by the recipients, is prohibited by the rules of netiquette, by legislative decree 196/2003 to protect the privacy and the rules in force. AUPAIRONLINE reserves the right and also the discretion to delete any user who breaches these rules.
10) the Backup of the data contained in the space provided to the user reserved is at the responsibility of the user. AUPAIRONLINE reserves the right to eliminate (with or without notice, whenever the need arises, without prior or subsequent notification) the users who do not comply with the above conditions and to request any compensation, which AUPAIRONLINE may have suffered, arising from their conduct.
AUPAIRONLINE will also suspend the Service or forbid use, with or without notice, where the public or private authorities denounce improper use of the service by a user or in the case in which the service was used in a way not in accordance with the laws, regulations or the present provisions. In this respect Liana Zimmardi reminds the user that it is able to trace the telephone services (IP) which are connected to the computer from which the user made the registration and/or from which occur after the registration. In the case in which AUPAIRONLINE is considered responsible for an infringement committed, by a user, of its obligations under the law or present conditions of use, the user undertakes to ensure AUPAIRONLINE against any conviction against them. This guarantee covers any fines and compensation that may have to be paid by AUPAIRONLINE.
II. OBLIGATIONS OF AUPAIRONLINE
AUPAIRONLINE provides an on-line service that encourages virtual encounters between people to discover other cultures and to find an 'au pair'. The service offered by AUPAIRONLINE is not advisory or a travel agency, or that of a real organization of meetings between users. AUPAIRONLINE is limited to making available its own tools and network resources to its users. The service is accessible via the Internet. AUPAIRONLINE does not guarantee that the services will work without interruption. In particular, AUPAIRONLINE is not responsible for damage either directly, indirectly or consequentially for:
- anomalies
- delays
- malfunctions
- interruptions
- Non-availability or difficulties in the use of the site; that may occur in the provision of services, which are beyond the technical control of AUPAIRONLINE (in case of unavailability of a technical service for a period of more than 48 hours Liana will not refund the customer the share of services not used, nor will they be responsible for any loss of data or damage arising from inactivity or inaccessibility to the site, but will extend the period of use of the service for a period equal to the duration of unavailability of the service) and those caused by force majeure, breakdown of telephone and wireless networks that allow connection.
- malfunctions and misuse of resources needed for access;
- problems due to the configuration of hardware devices or malfunction of the terminals or accessories used by the customer;
- inefficiency of internet service provider of the user;
- blocks on the Internet;
- malfunction dependent on other operators;
- inadequate hardware
- inadequate hardware problems caused by the inappropriateness of the software or to the incompatibility with hardware devices or other software;
- incorrect use of the service by the user;
- lack of competence, of equipment or of applications necessary for the use of internet on the part of the user (the user assumes all liability for damages and poor operations that may occur to its computer system from the use of the service).
AUPAIRONLINE will not be held responsible to the User or to subject to those directly or indirectly related or to third parties, for damages, losses or costs suffered as a result of suspensions or interruptions (unless directly attributable to intent or gross negligence of AUPAIRONLINE or for failure to give notification, for any damage arising from lack of knowledge of the content of the same, nor for any loss. AUPAIRONLINE reserves the possibility to modify or overhaul at its discretion, for technical reasons at any time, the functionality, the limits and/or characteristics of the services offered. These can be modified, supplemented, eliminated at any time and more services may be added in time for use by the users, again with full respect for these conditions of use. In order to meet those needs of maintenance, update, technical development, amendment of the content or the procedures for presentation, the use of the services of AUPAIRONLINE may be temporarily discontinued. As far as possible, AUPAIRONLINE will give advance notice to its users of an operation for maintenance or update. The user renounces any right to hold Liana Zimmardi responsible for the operation and use of the services. All expenditure for the telephone connection to the network and those relating to the hardware and software necessary for using the service are always at the expense of the user.
Article 5.
I. INTELLECTUAL PROPERTY
II. LINKS
III. AUPAIRONLINE SUPPORT
I. INTELLECTUAL PROPERTY
The trademarks, logos, graphics, photographs, animations, video and text in the website AUPAIRONLINE and in the services offered by AUPAIRONLINE, as its sole intellectual property holder, may not be reproduced, used or represented. Violators will be punishable by law. The rights to use granted by Liana Zimmardi to the users are strictly limited to access, downloading, printing, and to the reproduction of these documents provided only for private purposes and personal use and within the framework and for the duration of the registration to AUPAIRONLINE. Any other use of the same on the part of the user is prohibited. In particular, the user may not modify, copy, reproduce, download, distribute, transmit, commercially exploit or distribute in any way, the services and the pages of the site.
II. LINKS
AUPAIRONLINE may include within its own site hyperlinks to other web sites other than AUPAIRONLINE, or other internet sources. Unable to exercise any control over the said external sources, Liana Zimmardi is not responsible for their availability, the content of their advertising, nor of the products and services that these offer. The consultation and the use of these sites and external sources are regulated by the specific conditions of use of the same.
III. AUPAIRONLINE SUPPORT
Clicking on "Help" in various pages of the site, the user can find the terms of use of the main functions offered by AUPAIRONLINE. For further clarification, reports, requests, tips, doubts, difficulties in using or anything else, users of AUPAIRONLINE may contact the support desk by writing to info@aupair-on-line.com.
Article 6.
APPLICABLE JURISDICTION
The terms and conditions of use are regulated, interpreted and applied in accordance with the laws and regulations of Italy. The competent forum to resolve any dispute concerning the validity, application, implementation, interpretation, resolution, infringement and the consequences of these provisions, is the Court of Palermo.
We ask the user to read these terms carefully.
These conditions are the rights and obligations that regulate the relations between AUPAIRONLINE and its members. Their acceptance is a prerequisite of registration to the website. In the case where the rules of these conditions are declared invalid, in whole or in part, in application of a law, regulation or definite sentence, all the other articles will remain valid and effective.
AUPAIRONLINE reserves the right to change at any time without prior notice, the following items, rules or possible use of the services offered. The user may at any time verify the conditions of use in force directly on line on the pages of the site. The amendments will enter into force from the time they are placed on the network.
Users are invited to keep constantly updated on terms of use in force. If you select the boxes "I certify to be over 18 and I have read and accepted the terms of use of the website aupaironline" and "I have read information on privacy, and I authorize and consent to the use of my personal data" the subscriber declares to be fully informed on these conditions and undertakes to respect the same.
With regards to any members who fail to comply with these terms, AUPAIRONLINE reserves the right to suspend or cancel the use of service of any user who violates them.
In the use of the services of aupaironline, the user undertakes in addition to respect the present conditions, also that of the articles of law in matters of contract and the rights of third parties. The failure to act of AUPAIRONLINE in the event of failure to fulfil the other part of any article contained in these conditions does not constitute a waiver to act in the future with respect to such failure.
ARTICLE 1
WHO WE ARE
The web-portal AUPAIR-ONLINE.COM is owned by Liana Zimmardi, with tax domicile in Via P. EP Umberto n. 181.90047 Partinico, Palermo, Italy.
AUPAIRONLINE promotes cultural exchanges between host families, from now on called the host-family, and persons who wish to undertake a programme of work or fair exchange (au pair).
AUPAIRONLINE makes reference to and subscribes to the Europe Agreement on au pair placement in the EU-15 (adopted in Strasbourg on 24 November 1969).
AUPAIRONLINE is not in any case responsible for any inaccuracies in the site or on the legislation in force in each country concerning entry visas, residence permits and rules of employment.
Article 2
I. ACCESS TO SERVICES OF AUPAIRONLINE
II. REGISTRATION TO AUPAIRONLINE
III. USERNAME AND PASSWORD.
IV. SERVICES PROVIDED TO USERS AND BASIC SERVICES
V. BENEFITS TO SUBSCRIBERS AND ADDITIONAL SERVICES
VI. CANCELLATION OF SUBSCRIPTION
VII. DEACTIVATION OF SUBSCRIPTION
I.ACCESS TO SERVICES OF AUPAIRONLINE
Access to the services of aupaironline requires the user to have hardware and software suitable and therefore compatible with the technology level the operator considers appropriate to maximise both the level and enjoyment of the service.
II. REGISTRATION TO AUPAIRONLINE
To be subscribed to aupaironline, it is necessary to have a minimum age of 18 years and fill in all fields of the registration forms. The user is responsible for any fraudulent statements about his/her age made at the time of registration. The registration is free.
III. USERNAME AND PASSWORD
To access the area reserved for subscribers and to the basic services of AUPAIRONLINE, the user needs to choose at the time of registration a username and a password. These are the access codes of the user, and are strictly private. The user must take care of their own access codes and keep them private. The knowledge of username and password by third parties would allow access to AUPAIRONLINE in the name of the user. The user in this respect is directly and indirectly responsible for improper and unlawful use (both for the user, from both countries that use the services in the user's name) of the resources offered by AUPAIRONLINE.
In the case in which a user communicates or uses this information in a manner contrary to their purpose, AUPAIRONLINE reserves the right to cancel it without notice. The user will have the option of changing their password at will. AUPAIRONLINE, will trace only the latest password, and the earlier password will be replaced every time a new password is registered. If the user forgets their password, they will quickly receive a message delivered to the email address the user has registered with the site. Clicking on "Forgot your password? Click Here" subject to the inclusion email address registered, the system will automatically send the user the password. In case of loss, theft or loss of access codes, user is invited to notify AUPAIRONLINE immediately, so that they can invalidate and replace the user's password with a new password.
IV. SERVICES PROVIDED TO USERS AND BASIC SERVICES
AUPAIRONLINE provides its users a series of services, some free, others in exchange for payment. To take advantage of free services a simple registration to the website is all that is needed. By choosing a username and password you have access free of charge to services such as (for example):
- the possibility to register and enter personal data (other members have the opportunity to view the new user's information and may contact him/her)
- the search for an au pair/host-family if you select the characteristics of profiles to be searched.
The search will be carried out under the "category searched for" stated by the user during registration (e.g. an aupair can carry out a search only with respect to information of the hosting families). The system will offer the possibility to select a range of parameters (e.g.: sex, time of departure, spoken language, etc.). Outcome of the search will result in selecting all the profiles of the subscribers of the site which possess the characteristics selected;
- to insert up to five photographs in their own profile;
- enlargement of the photographs published on the website;
- the most active users (allows the positioning of their profile in the first pages of the search of other users on a ranking system which is constantly updated - more clicks on the site means an advancement in rank);
- send free messages for the initial contact (the user may send as many free messages that they wish. On receiving messages, they can see only the presentation profile of aupair/host-family. In order to respond to the message and display it in full, it is necessary to have a paid subscription);
- Quick Search -The service offers the opportunity to select the simple features for users that the user wishes to contact and, consequently, creates a list of profiles available to be contacted;
- Advanced Search-The service offers the opportunity to select the advanced features of the users that you wish to contact and, consequently, creates a list of profiles available to be contacted excluding those incompatible with the advanced search.
V. BENEFITS TO SUBSCRIBERS AND ADDITIONAL SERVICES
ADDITIONAL SERVICES. Liana Zimmardi, owner of the site AUPAIRONLINE, offers the opportunity to users to take advantage of additional services (in exchange for payment). For the use of services, which among others include:
- the possibility to read the complete profiles of the categories requested with access to the name and last name, country, city, address, telephone and email, for a set period;
- the possibility to contact or be contacted by the messaging system offered by the website and to use the same;
- priority in the search (the profiles of subscribers are the first to be displayed by the users when they use the "Search" option);
- the use of all those services that Zimmardi Liana in the future to be implemented to offer to the users;
- possibility of appearing on the front page of AUPAIRONLINE, with a minimum number of daily views and for a fixed period.
The services in exchange for payment of AUPAIRONLINE will be activated only for those users who specifically request the activation of those services and give authorisation.
A user who is not a subscriber will be notified by the system whenever an attempt to use a service that falls within those requiring payment. At the same time, the user will see a link through which the user can access the page for the purchase of access to those same services.
VI. CANCELLATION OF SUBSCRIPTION
Cancellation from the AUPAIRONLINE website may be made at any time. The user should send an email to info@aupair-on-line.com with their username and password selected during registration (or the most recent password in use) and with the subject 'Cancellation'. In case of non-use of the service or in the absence of login within 120 days, the profile will be completely removed from the database.
VII. DEACTIVATION OF SUBSCRIPTION
Deactivation of a user's profile on the website AUPAIRONLINE may occur at any time. It is sufficient that the user selects the option in his/her profile under the heading "visible" yes/no". It is possible to reactivate the profile in the same way.
Article 3
I. PERSONAL DATA COMMUNICATED BY THE USER
II ACCURACY OF THE DATA COMMUNICATED .BY THE USER AND THE EXEMPTION OF THE RESPONSIBILITY OF ZIMMARDI LIANA
I. PERSONAL DATA COMMUNICATED BY THE USER
To register with AUPAIRONLINE the user is requested to provide some personal information. Specifically for use of the services of AUPAIRONLINE a valid e-mail is required and some personal data and information relating to the user is required to describe the user's profile. The user is obliged to confirm the accuracy of the email address given when answering the registration confirmation e-mail sent by the staff of AUPAIRONLINE.
If the confirmation is not confirmed, the user cannot access the services of the site and the staff reserves the right to cancel the user's account. E-mail address provided by the user will be visible to registered users only of the opposite category, and will be used also by the staff of AUPAIRONLINE to send information, updates, and, in general, to interact with the user. The user's data that will be visible to other users are those that he/she has chosen to include in their profile. When the profile is viewed by other users, they will see (as well as any other details entered by the user) the group, name, surname, country of residence and age declared by the user at the time of registration (e.g. Au pair Anna Bianchi, resident in Italy, 19 years of age).
E-mail and the additional information will be displayed only to the registered users and subscribers of the opposite group or in the case a specifically contacted user has registered and has a paid subscription.
If a user wishes to introduce the site to a friend, they can do so by providing to AUPAIRONLINE the name and email address of the person 'invited'. The user is responsible for obtaining the prior explicit permission from that friend to share the data (name and email address). On the part of AUPAIRONLINE, this information is to be exclusively used for the purpose of sending an invite on behalf of the registered user who invited him/her to AUPAIRONLINE, an email to inform him/her of AUPAIRONLINE and the services offered. The user is solely responsible to AUPAIRONLINE for the friend and of third parties, and the consequences of the transmission of their data to aupaironline. The user also has the possibility to enter and publish online (after approval by the staff of AUPAIRONLINE) one or more their images in electronic format. The latter may at any time without notice, and with the full discretion of the staff of AUPAIRONLINE, be removed.
The user specifically authorizes Liana Zimmardi to use the registered data, including pictures and photographs in electronic format, for the purposes of promotional activities organised by AUPAIRONLINE. No compensation can be claimed and all legal rights to the data including personal information and photographs in electronic format is forfeited. It is forbidden to enter sensitive data as defined by Italian law 196/2003 Art. 4: "sensitive data indicating personal data such as of their race and ethnic origin, religious , philosophical or other convictions, political opinions, political party membership, unions, religious associations or organisations, philosophical, political or trade unions, and personal data which reveals the state of health and sex life". In the case in which the user, contrary to law, includes this type of data, the holder of the data does not assume any responsibility in relation to possible dissemination and damage caused by this. Note that the services offered by AUPAIRONLINE do not involve the processing of sensitive data, some information or content (e.g. photographs) that the user provides may, at the user's own responsibility, reveal some personal characteristics. By providing such information, the user concerned indicates their intention and explicit approval for the treatment of such data on the part of AUPAIRONLINE on the sole responsibility of the user. AUPAIRONLINE has taken all the precautions that the information in its databases is stored in a protected environment. Only some of the operators of AUPAIRONLINE may have access to personal information and exclusively only when needed. The user's data is managed by Liana Zimmardi in accordance with the regulations on privacy (Italian law).
II ACCURACY OF THE DATA COMMUNICATED BY THE USER AND THE EXEMPTION OF THE RESPONSIBILITY OF ZIMMARDI LIANA
The user alone is responsible for the accuracy of their data entered and communicated to Liana Zimmardi and any other users and shall undertake to inform immediately any possible amendments of the data supplied upon registration or, where appropriate, to make these changes directly in the first person and under their own responsibility, in the personal space reserved for them. Any changes to the user's profile requires the consent to the treatment of the data contained therein. Liana Zimmardi is not responsible for the accuracy, inaccuracy or conformity to the truth. In particular, since the obligation and in the absence of the technical means to ensure the identity of the users of its services, Liana Zimmardi is not responsible in the case of "abuse of the identity" of a user or false statements. In the interests of accuracy and fairness, it is prohibited for the user to have more than one subscription (using various names but all subscriptions attributable to the same person).
The responsibility of the content of messages (with any text or images attached) as well as the consequences of the dissemination of data provided by the user on his/her personal information and/or that of the other subscribers are the exclusive responsibility of the user.
On taking the initiative to transmit and disseminate through the site AUPAIR-ONLINE.COM any personal data or other, information, text, content and images the user renounces any action against Liana Zimmardi for any harm to his rights (in particular for infringement of the right to their image, harm to honour and reputation, to the intimacy of his/her private life) arising from distribution or disclosure of information on and through the disclosure of the information which they have provided, through their registration to service and in application of the current Conditions of Use, on account of the user's free and express consent. Liana Zimmardi may use to the fullest degree any information and in general, every element comprising any additions to defend them against claims of third parties and to protect their interests. Liana Zimmardi is also responsible for the content disseminated by a user that violates the rights of one or more members or of third parties, or undertakes to moderate such content that users publish under their own responsibility. In this respect Liana Zimmardi warns that these contents could be images and themes of controversial nature or in any event not suitable for the general public; that these contents are not the possession of Liana Zimmardi, but those of the user who has written and sent such content; and that it has no power of control and supervision of the contents of the messages, it is not responsible in the case in which these are questionable or offensive. Having made these due considerations, Liana Zimmardi declines any responsibility in the case in which minors have access. AUPAIRONLINE has no obligation to verify the reliability of data provided.
Article 4
I. OBLIGATIONS OF THE USER
II. OBLIGATIONS OF AUPAIRONLINE
I. OBLIGATIONS OF THE USER
In addition to any obligations to act in accordance with the Italian Civil Code, the user has the following obligations:
1) the user may not use the services offered by aupaironline to plan and/or promote his/her own or other professional or commercial objectives (search for customers, publication of advertising messages, etc), or for purposes which are not strictly related to the "Search of an aupair or host-family".
2) the user may not publish in the spaces provided by AUPAIRONLINE, or disseminate using the resources of AUPAIRONLINE any material which infringes on the national and international standards on the protection of copyright, trademarks, patents and in general of any intellectual properties (e.g. pictures, texts, messages etc). In every case, the material released or sent via AUPAIRONLINE from the user must be original, if otherwise, its publication must be authorised by the owner of the material.
3) the user may not divulge (in whatever form) expressions which are against the law, considered moral hazards or against the accepted principles of morality. Neither expressions which are offensive, defamatory, insulting, obscene (pornographic material is not permitted), or expressions that incite violence, racism or xenophobia (and in general any behaviour which is a breach of the peace, or that damages or harasses individuals or groups). Also not permitted are images and/or information relating to children. The profiles of users which appear offensive may be, in whole or in part, removed by the staff of AUPAIRONLINE (ex officio and at its full discretion); or the user warned by AUPAIRONLINE to make due amendments or corrections.
4) the user may not interfere with the use and enjoyment by other users of the service or with the use by others of similar services.
5) the user may not harass other users continually trying to communicate with someone who has directly or indirectly expressed the desire to stop communication and contact.
6) the user may not use the services of AUPAIRONLINE to propose to other users illegal activities, to spread information that is related to illegal activities, to propose or accept through the service any money or other objects of value at any level.
AUPAIRONLINE is not liable for the legality of the actions of its members, holding the user solely responsible, also liable, for the damage caused by violating these conditions of use directly or indirectly.
AUPAIRONLINE is able to trace the telephone service connected to the computer from which the user has made their registration and at the request of the public authority will provide the data and/or the information necessary to trace back to the perpetrators of any offences. In particular, AUPAIRONLINE warns its users of the possibility of encountering on the network people who may access the system with fraudulent intent. Unable to control or supervise the activities and communications between users, LIANA ZIMMARDI is in no way responsible for:
- any disputes which arise between two or more users;
- damage (moral and/or material) possibly caused by a member of one or more users; AUPAIRONLINE has its own discretion, after assessing the gravity of the behaviour in question, at its own behest or upon notification by other users who are bothered, harassed, or offended in their own right, to warn the user guilty of misconduct or, in serious cases, delete the user from the site (without prior notification or notice).
7) the user may not overburden the space occupied by publishing material that creates excessive consumption of bandwidth by users or that may slow down the navigation within the website.
8) the user may not use their own page to refer to files or pages which relate to another sever (redirects), or store in the message space available by AUPAIRONLINE, files of an executable nature (e.g. exe, com, bat, etc). AUPAIRONLINE reserves the right, in the case of a breach of these conditions, to remove at its discretion and without notice, the material in question, or in serious cases, to disable the service or delete the user from the site.
9) the user may not use the services supplied by AUPAIRONLINE to commit, directly and/or indirectly, acts contrary to national and international law and/or the rules of netiquette, with particular reference to the practice of spam. Sending of e-mail communications, not authorized, nor required or requested by the recipients, is prohibited by the rules of netiquette, by legislative decree 196/2003 to protect the privacy and the rules in force. AUPAIRONLINE reserves the right and also the discretion to delete any user who breaches these rules.
10) the Backup of the data contained in the space provided to the user reserved is at the responsibility of the user. AUPAIRONLINE reserves the right to eliminate (with or without notice, whenever the need arises, without prior or subsequent notification) the users who do not comply with the above conditions and to request any compensation, which AUPAIRONLINE may have suffered, arising from their conduct.
AUPAIRONLINE will also suspend the Service or forbid use, with or without notice, where the public or private authorities denounce improper use of the service by a user or in the case in which the service was used in a way not in accordance with the laws, regulations or the present provisions. In this respect Liana Zimmardi reminds the user that it is able to trace the telephone services (IP) which are connected to the computer from which the user made the registration and/or from which occur after the registration. In the case in which AUPAIRONLINE is considered responsible for an infringement committed, by a user, of its obligations under the law or present conditions of use, the user undertakes to ensure AUPAIRONLINE against any conviction against them. This guarantee covers any fines and compensation that may have to be paid by AUPAIRONLINE.
II. OBLIGATIONS OF AUPAIRONLINE
AUPAIRONLINE provides an on-line service that encourages virtual encounters between people to discover other cultures and to find an 'au pair'. The service offered by AUPAIRONLINE is not advisory or a travel agency, or that of a real organization of meetings between users. AUPAIRONLINE is limited to making available its own tools and network resources to its users. The service is accessible via the Internet. AUPAIRONLINE does not guarantee that the services will work without interruption. In particular, AUPAIRONLINE is not responsible for damage either directly, indirectly or consequentially for:
- anomalies
- delays
- malfunctions
- interruptions
- Non-availability or difficulties in the use of the site; that may occur in the provision of services, which are beyond the technical control of AUPAIRONLINE (in case of unavailability of a technical service for a period of more than 48 hours Liana will not refund the customer the share of services not used, nor will they be responsible for any loss of data or damage arising from inactivity or inaccessibility to the site, but will extend the period of use of the service for a period equal to the duration of unavailability of the service) and those caused by force majeure, breakdown of telephone and wireless networks that allow connection.
- malfunctions and misuse of resources needed for access;
- problems due to the configuration of hardware devices or malfunction of the terminals or accessories used by the customer;
- inefficiency of internet service provider of the user;
- blocks on the Internet;
- malfunction dependent on other operators;
- inadequate hardware
- inadequate hardware problems caused by the inappropriateness of the software or to the incompatibility with hardware devices or other software;
- incorrect use of the service by the user;
- lack of competence, of equipment or of applications necessary for the use of internet on the part of the user (the user assumes all liability for damages and poor operations that may occur to its computer system from the use of the service).
AUPAIRONLINE will not be held responsible to the User or to subject to those directly or indirectly related or to third parties, for damages, losses or costs suffered as a result of suspensions or interruptions (unless directly attributable to intent or gross negligence of AUPAIRONLINE or for failure to give notification, for any damage arising from lack of knowledge of the content of the same, nor for any loss. AUPAIRONLINE reserves the possibility to modify or overhaul at its discretion, for technical reasons at any time, the functionality, the limits and/or characteristics of the services offered. These can be modified, supplemented, eliminated at any time and more services may be added in time for use by the users, again with full respect for these conditions of use. In order to meet those needs of maintenance, update, technical development, amendment of the content or the procedures for presentation, the use of the services of AUPAIRONLINE may be temporarily discontinued. As far as possible, AUPAIRONLINE will give advance notice to its users of an operation for maintenance or update. The user renounces any right to hold Liana Zimmardi responsible for the operation and use of the services. All expenditure for the telephone connection to the network and those relating to the hardware and software necessary for using the service are always at the expense of the user.
Article 5.
I. INTELLECTUAL PROPERTY
II. LINKS
III. AUPAIRONLINE SUPPORT
I. INTELLECTUAL PROPERTY
The trademarks, logos, graphics, photographs, animations, video and text in the website AUPAIRONLINE and in the services offered by AUPAIRONLINE, as its sole intellectual property holder, may not be reproduced, used or represented. Violators will be punishable by law. The rights to use granted by Liana Zimmardi to the users are strictly limited to access, downloading, printing, and to the reproduction of these documents provided only for private purposes and personal use and within the framework and for the duration of the registration to AUPAIRONLINE. Any other use of the same on the part of the user is prohibited. In particular, the user may not modify, copy, reproduce, download, distribute, transmit, commercially exploit or distribute in any way, the services and the pages of the site.
II. LINKS
AUPAIRONLINE may include within its own site hyperlinks to other web sites other than AUPAIRONLINE, or other internet sources. Unable to exercise any control over the said external sources, Liana Zimmardi is not responsible for their availability, the content of their advertising, nor of the products and services that these offer. The consultation and the use of these sites and external sources are regulated by the specific conditions of use of the same.
III. AUPAIRONLINE SUPPORT
Clicking on "Help" in various pages of the site, the user can find the terms of use of the main functions offered by AUPAIRONLINE. For further clarification, reports, requests, tips, doubts, difficulties in using or anything else, users of AUPAIRONLINE may contact the support desk by writing to info@aupair-on-line.com.
Article 6.
APPLICABLE JURISDICTION
The terms and conditions of use are regulated, interpreted and applied in accordance with the laws and regulations of Italy. The competent forum to resolve any dispute concerning the validity, application, implementation, interpretation, resolution, infringement and the consequences of these provisions, is the Court of Palermo.