Terms of Service

1. Acceptance of Terms

By accessing or using the AuPairNow platform at aupairnow.co.za ("Service"), operated by AuPairNow ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and AuPairNow.

If you do not agree to these Terms, you must not access or use our Service. These Terms are governed by and should be read in conjunction with our Privacy Policy and Cookie Policy.

In terms of Section 11 of the Electronic Communications and Transactions Act, 2002 (ECT Act), this agreement is valid and enforceable as an electronic transaction.

2. Description of Service

AuPairNow is an online platform that connects families seeking childcare with au pairs in South Africa. We provide a matching and communication service to facilitate introductions between families and au pairs.

Important: AuPairNow is not an employment agency, labour broker, or temporary employment service as defined in the Labour Relations Act, 1995 or the Basic Conditions of Employment Act, 1997. We do not:

• Employ, hire, or contract au pairs or families
• Guarantee placements, matches, or outcomes
• Act as an intermediary, agent, or party in any employment or service relationship
• Handle, facilitate, or process payments between families and au pairs — wages, stipends and any other amounts owed to an au pair are arranged and paid directly between the parties, never through AuPairNow (the only payments we process are the optional family access passes described in section 7)
• Provide immigration, visa, or work permit assistance
• Conduct background checks on behalf of users (though we may offer verification tools)

Any arrangement entered into between a family and an au pair is solely between those parties. You are responsible for ensuring that any such arrangement complies with applicable South African labour laws and regulations.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Be a natural person (not a corporate entity) registering for personal or household use
• Have the legal capacity to enter into binding agreements
• Provide accurate and truthful information
• Not have been previously banned or removed from the platform

4. User Accounts

To access certain features of our Service, you must register for an account. By creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account
• Not create more than one account per person
• Not share your account or login credentials with any other person

We reserve the right to suspend or terminate accounts that contain inaccurate, fraudulent, or misleading information.

5. User Conduct

You agree to use the Service in a lawful and respectful manner. You must not:

• Provide false, misleading, or deceptive information in your profile or communications
• Harass, threaten, abuse, intimidate, or discriminate against other users
• Use the Service for any unlawful purpose or in violation of South African law
• Attempt to bypass, circumvent, or interfere with security measures
• Scrape, harvest, or collect personal data of other users without their consent
• Post inappropriate, offensive, defamatory, or obscene content
• Impersonate another person, entity, or AuPairNow representative
• Use the Service for commercial advertising, spam, or solicitation
• Introduce malware, viruses, or other harmful code
• Engage in any form of human trafficking, exploitation, or abuse

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement.

6. Content & User-Generated Content Policy

You retain ownership of content you create and post on the platform ("User Content"). By posting User Content, you grant AuPairNow a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute your User Content solely in connection with operating and providing the Service.

You represent and warrant that:

• You own or have the necessary rights to post your User Content
• Your User Content does not infringe the intellectual property or privacy rights of any third party
• Your User Content is truthful and not misleading

We reserve the right to remove or modify any User Content that violates these Terms or that we deem inappropriate, without prior notice.

6.1 Zero Tolerance for Objectionable Content

AuPairNow has zero tolerance for objectionable content or abusive users. Content that is offensive, abusive, discriminatory, threatening, sexually explicit, hateful, or otherwise objectionable is strictly prohibited and will be removed immediately upon discovery or report.

Users who post objectionable content or engage in abusive behaviour will have their accounts suspended or permanently terminated without notice. We reserve the right to report such users and their content to relevant law enforcement authorities.

6.2 Content Moderation & Reporting

AuPairNow employs both automated and manual content moderation to maintain a safe environment. In addition:

• All users may report objectionable content or abusive users directly from any profile or conversation using the in-app reporting feature
• All users may block other users to immediately prevent further contact and remove that user's content from their feed
• AuPairNow will review and act on all reports within 24 hours, including removing offending content and ejecting users responsible for violations
• AI-assisted photo analysis is used to screen profile photos for inappropriate content

7. What Is Free, and What Families Pay For

7.1 Free for everyone

Creating an account and browsing AuPairNow is free for both families and au pairs. At no cost, and with no payment details required, every registered user may:

• Create a profile and keep it up to date
• Search and browse profiles, including photos, experience, availability and rates
• Send and receive messages through the platform's messaging system

Au pairs never pay to use AuPairNow. We charge au pairs no registration fee, no listing fee, no subscription and no placement or commission fee of any kind.

7.2 Family access passes

The only paid feature is access to a candidate's direct contact details (telephone number and email address). Families may browse, search and message for free, and choose to purchase an access pass when they want to contact au pairs directly, outside the platform.

• Access passes are purchased by families only, and are offered as a 30-day or 90-day pass
• A pass unlocks the contact details of au pairs you view for the duration of the pass. It does not limit how many profiles you may view during that period
• Passes are once-off purchases. They do not automatically renew and will not re-charge you. Access simply ends when the period expires, and you may buy another pass if you wish to continue
• Access begins on the date payment is successfully processed and ends at the close of the 30-day or 90-day period
• Prices are shown before you confirm any purchase, are quoted in South African Rand (ZAR), and include VAT where applicable
• Payments are processed securely by our third-party payment providers — Paystack on the website, and the Apple App Store or Google Play for purchases made in our mobile apps
• Passes are personal to your account and are not transferable

Purchasing a pass does not guarantee a placement, a reply, or the suitability or availability of any au pair. AuPairNow does not employ au pairs and is not a party to any arrangement you make with them (see section 2).

7.3 Cancellation & Refunds

In accordance with the Consumer Protection Act, 2008 (CPA):

• Because an access pass is a once-off purchase that does not renew, there is no recurring billing to cancel. You may stop using the Service, or delete your account, at any time
• You have the right to a cooling-off period of 5 business days after purchase for direct marketing transactions, as provided for in Section 16 of the CPA
• Beyond that, refunds for the unused portion of a pass are generally not provided, except where required by the CPA or where the Service has been materially unavailable
• Purchases made inside our mobile apps are subject to the refund policies of the Apple App Store or Google Play, and refund requests for those purchases must be made to the relevant store

8. Safety & Verification

While we implement various verification measures and safety features, we cannot guarantee the accuracy of user-provided information or the conduct of any user. Users are solely responsible for:

• Conducting their own thorough due diligence before entering into any arrangement
• Independently verifying references, qualifications, and identity documents
• Meeting in safe, public locations for initial introductions
• Ensuring compliance with labour laws and domestic worker regulations
• Reporting suspicious, fraudulent, or abusive behaviour to us and, where appropriate, to the South African Police Service (SAPS)

AuPairNow provides tools and features to assist with safety (such as profile verification indicators), but these do not constitute a guarantee of any user's identity, character, or suitability.

9. Intellectual Property

All intellectual property rights in the Service, including but not limited to the website design, logos, trademarks, text, graphics, software, and underlying technology, are owned by or licensed to AuPairNow. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any part of the Service without our prior written consent.

10. Disclaimers

To the maximum extent permitted by South African law (including the CPA where applicable):

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components
• We do not warrant or endorse the accuracy, completeness, or reliability of any user-provided information or content
• We do not guarantee that use of the Service will result in a successful match or arrangement
• We make no representations about the suitability, reliability, or character of any user

11. Limitation of Liability

To the maximum extent permitted by South African law:

• AuPairNow shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• AuPairNow shall not be liable for loss of profits, revenue, data, opportunities, or goodwill
• AuPairNow shall not be liable for the actions, conduct, or omissions of any user, whether online or offline
• AuPairNow shall not be liable for any arrangement, agreement, or dispute between users
• Our total aggregate liability for any claim arising from or relating to the Service shall not exceed the amount you paid to AuPairNow in the 12 months preceding the claim

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under South African law, including liability for fraud or gross negligence.

12. Indemnification

You agree to indemnify, defend, and hold harmless AuPairNow, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Any arrangement you enter into with another user
• Any content you post or transmit through the Service

13. Termination

We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Upon your request

You may terminate your account at any time through your account settings or by contacting us. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) shall survive.

14. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or your use of the Service:

• Step 1 – Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation by contacting us at legal@aupairnow.co.za
• Step 2 – Mediation: If the dispute is not resolved within 30 days of written notice, either party may refer the matter to mediation
• Step 3 – Litigation: If mediation fails, either party may submit the dispute to the courts of the Republic of South Africa

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

15. Changes to Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date at the top of this page
• We will notify registered users by email or in-app notification
• Continued use of the Service after the effective date of changes constitutes acceptance of the modified Terms

If you do not agree to the modified Terms, you must stop using the Service and may close your account.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and AuPairNow regarding the Service
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including natural disasters, power outages, or internet disruptions

17. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• The Consumer Protection Act, 2008 (Act 68 of 2008)
• The Electronic Communications and Transactions Act, 2002 (Act 25 of 2002)
• The Protection of Personal Information Act, 2013 (Act 4 of 2013)

Any legal proceedings arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

18. Contact

For questions about these Terms of Service, please contact us at:

• Legal enquiries:legal@aupairnow.co.za
• General enquiries: Through our Contact Page