Conditions générales de vente et d'utilisations

Last update: 21 June 2024

Acceptance of these GTCU is mandatory for proper navigation on the AUPAIRTRIP application.

1. Definitions

The terms defined in the Privacy Policy and in the General Terms and Conditions of Sale are applicable to these GTCU.

• Additional Services: means the paid Services offered in addition on the Application;
• Application or AUPAIRTRIP: means the AUPAIRTRIP application downloadable from the application stores;
• Boost or Booster: means the tokens to be purchased to highlight Trips’ proposals on the Application;
• Customers: means any person among the Users who purchases Additional Services on the Application;
• Account: means any User's personal space on the Application;
• User Content: means the content posted by the User on the Application, no matter the medium and nature of the content, such as information, publications, contributions, photographs, or films;
• Personal Data: means any information that relates to a User processed by the Application through the use of the Services;
• Services: means all Services provided by the Application to Users;
• Additional Services: means the paid Services offered in addition on the Application;
• Tips: means the advice and recommendations given by Users of the Application;
• Trips: means the travel and holiday proposals made by a User of the Application to other Users;
• Users: means any person browsing the Application and using its Services, including Customers.

2. Purpose and scope of these GTCU

The purpose of these GTCU is to define the terms and conditions of use of the Application and its Services.

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING UPON THE USER, WHO ACKNOWLEDGES HAVING READ THEM AND EXPRESSLY ACCEPTED THEM WITHOUT RESERVATION BY TICKING THE BOX PROVIDED FOR THIS PURPOSE.

These GTCU may be updated at any time. Any modifications will be binding as soon as available online. It is therefore recommended to regularly check its content.

The GTCU applicable to the User are those in force at the date of browsing the Application.

If any provision of these GTCU is or becomes ineffective in whole or in part, such ineffective provision shall be set aside (without affecting the validity and enforceability of the remaining provisions) and reinterpreted, supplemented or replaced to achieve the purpose intended by the ineffective provision.

3. Account management

1. Creating an Account

The User must create an Account to use the Application Services.

Before you create an Account on AUPAIRTRIP, make sure you are eligible to use our Services. This Section also depicts what Users can and cannot do when using the Services, as well as the rights granted by the Users to AUPAIRTRIP.

You are not authorized to create an account or use the Services unless all the followings are true, and by using our Services, you represent and warrant that:

1. You are currently, or have been or will be an au pair of at least 18 years old;
2. You are legally qualified to enter a binding contract with AUPAIRTRIP;
3. You are not prohibited by law from using our Services;
4. You provide accurate, truthful, current, and complete information when creating an Account;
5. You maintain and promptly update your account information upon any change;
6. You do not have more than one account on our Services; and
7. You have not previously been removed from our Services unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account. We have the right to remove your access to our Services without warning.

Any User shall maintain the security of its Account by protecting its password and login.

If you believe someone has gained access to your Account, please contact the Editor immediately at the following email address: support@aupairtrip.com

3.2. Account deletion

The User may decide to delete his Account at any time via his profile settings. The Account will then be deactivated accordingly with the Privacy Policy. The User will no longer have access to the content of the Application - including his User Content - and other Users will no longer be able to contact him via the Application.

4. Browsing the Application

Browsing on the Application is free, if that the User agrees to browse the Application and/or use the Services to which they have access in compliance with these GTCU, laws, public order and good morals.

The Editor uses the technical solutions at its disposal to always allow access to the Application. It may, however, at any time suspend, limit or interrupt access to the Application or to certain pages thereof to conduct updates, modifications to its content or any other action deemed necessary for the proper functioning of the Application.

The Editor shall not be liable for any technical or computer problems or failures, or for the compatibility of the Application with any User's hardware or software.

5. Becoming a Customer

To benefit from the Additional Services available, the User must Subscribe.

For further information, the Editor recommends that you refer to the General Terms and Conditions of Sale.

6. Description of Services

The Application is intended for au pairs who would like advice and recommendations on certain destinations and/or to meet other au pairs during their stay.

The Editor (the ULYCE company) and its AUPAIRTRIP Application are therefore only an intermediary between au pairs. Au pairs must maintain critical mind in using the Application and observe standard safety rules, as the Application cannot guarantee the behavior of its Users, as detailed below.

The Application has two levels:

• An area open to all Users who create an Account ("the Open Area"). This Open Area refers to the pages freely accessible to all Users, excluding pages requiring subscription to Additional Services, making available free resources, namely mainly the Trips offered by au pairs on the Application, the creation of Trips, contact with other au pairs by sending messages and the viewing of nearby Application Users on a smaller scale.

• An area restricted to Customers of the Application, accessible only when subscribing to Additional Services ("the Paid Area"). This Paid Area refers to the pages accessible only to Customers, providing them with additional resources, access to advice and recommendations from au pairs on a particular destination, bookmarking Trips, viewing of Application Users on a larger scale, Customers’ identity check, boosting certain Trips, being gosht on the AUPAIRTRIP map.

Booster can also be paid for and use without subscribing to Additional Services.

The Paid Area is governed by the present GTCU and the GTCS specific to the subscription to Additional Services.

User must consent to geolocation to use the Services. User can refuse to appear on the User map by subscribing to Additional Services.

7. User community rules

1. Prohibited behavior

When using the Application, User shall not:

• Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm any other Users;
• Use the Services in a way that damages the Services or prevents their use by other Users;
• Use our Services in a way to interfere with, disrupt or negatively affect the Application, the servers, or our Services' networks;
• Post or share Prohibited Content (see below);
• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
• Use another User's account.

2. Prohibited Content

Users are solely responsible for any content submitted, posted or transmitted via the Services.

AUPAIRTRIP prohibits uploading or sharing content that would:

• Reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;
• Be abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
• Contribute or facilitate any illegal activity such as depicts the use of illicit drugs;
• Contribute or facilitate any activity that may result in harm to the user or another person;
• Be defamatory, libelous, or untrue;
• Relate to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);
• Contribute or facilitate the transmission of spam;
• Contain any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Tinder or otherwise;
• Infringe upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);
• Include the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent, or guardian);
• Be inconsistent with the intended use of the Services or could cause harm to the Editor.

The uploading or sharing of content that violates this content (hereinbefore “Prohibited Content”) may result in the immediate suspension or termination of your account.

Any Users that become aware of a Prohibited Content shall report it to AUPAIRTRIP via the Application.

8. INTERACTIONS WITH OTHER MEMBERS

1. You Have Sole Responsibility When Interacting with Other Users.

The Editor provides an Application for Users to arrange trips, engage in activities and communicate with one another. AUPAIRTRIP does not take part in, is not involved in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between Users. Users are solely responsible for interactions with other Users of AUPAIRTRIP Services. The Editor reserves the right, but has no obligation, to monitor interactions between Users.

The Editor cannot be responsible for the interactions that Users have with one another. Any Users shall use good judgment and keep safety in mind when using Services.

Any User may block another User to prevent any further interaction with the latter.

2. Identity Verification.

The Editor only confirms Client’s identity there is no identity check for every Users. You are solely responsible for determining the identity and suitability of others with whom you may interact through the Services.

The Editor does not warrant that the Application is sufficient to determine whether it is appropriate for a User to interact with another User. Further, The Editor does not endorse any User and does not investigate or verify any User’s reputation, conduct, morality, criminal background, or any information members may submit to the Services. The Editor encourages you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.

9. Liabilities

The User. Each User assumes responsibility for browsing the Application and any consequences from it. Each User is responsible for contacting another User and for the commitments made to the latter.

AUPAIRTRIP. The Editor is bound by an obligation of means, and therefore undertakes to use its best endeavors to ensure the successful provision of the Application.

However, the Editor does not guarantee the accuracy, exhaustiveness, completeness and/or updating of all content accessible on the Application, and does not guarantee its verification, legitimacy, or performance.

In addition, where hypertext links to third-party sites are present on the Application, whatever the technique used, the Editor cannot be held responsible for the operation and availability of the content of these third-party sites.

Finally, the Editor cannot be held responsible for:

• The organization of trips by Users, their execution and compliance with the personal commitments of each User,
• Acts committed by third parties over which the Editor has no control, or acts directly attributable to the User,
• Acts/damage suffered by the User and caused by a case of force majeure or an event outside the Editor’s control.
• Acts that cause indirect or unforeseeable damage to the User are not covered by the Editor.
• Material damage or technical and computer failures related to the use of the Services,
• Acts committed/submitted by the Member on third-party websites, such as Facebook or YouTube social networks.

10. COPYRIGHT

AUPAIRTRIP. The Services and all content and other materials on the Services, including without limitation, logos and all designs, text, graphics, pictures, videos, information, data, software, whatever kind of files (hereinafter “AUPAIRTRIP Material”) are the Editor sole property and are protected by copyrights laws.

Users are granted a limited, non-exclusive, and non-sublicensable license to access and use the Services and AUPAIRTRIP Materials.

Consequently, Users shall not, without the express prior consent of the Editor, and under penalty of civil and criminal sanctions:

• To reproduce or cause to be reproduced AUPAIRTRIP Materials, in whole or in part, temporarily or permanently, in any manner whatsoever, on any medium, in any format, by any process, known or unknown to date,

• To record or digitize AUPAIRTRIP Materials, in whole or in part, temporarily or permanently, in any manner whatsoever, on any medium, in any format, by any process, known or unknown to date,

• To represent or have represented AUPAIRTRIP Materials, in whole or in part, in full or by extract, in any way whatsoever, by any process, any means of distribution, any means of communication known or unknown to date,

• To adapt or have adapted AUPAIRTRIP Materials, in whole or in part, temporarily or permanently, and in particular to translate AUPAIRTRIP Materials into any language, to create any derivative work, to create new versions or new developments based on AUPAIRTRIP Materials, to maintain, modify, arrange, assemble or digitize all or part of AUPAIRTRIP Materials,

• Decompile or disassemble the Application, create derivative works from the Application or attempt to discover or reconstruct the source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces.

Users. Each User acknowledges, accepts and grants to the Editor a worldwide, royalty-free license to host, store, use, copy, display, reproduce, publish, modify, distribute and/or broadcast all User Content that it communicates, exchanges and/or publishes on the Application, for the duration of any intellectual property rights, for commercial or non-commercial purposes, by any process known or unknown to date, in any format and in any language, on any medium known or unknown to date, worldwide, and for any use related to the operation of the Application or the promotion of the Application.

In the event of dissemination of photographs or videos, the User grants free and non-exclusive rights to disseminate, reproduce and represent his/her image and voice for commercial or non-commercial purposes, worldwide and for all known and unknown media.

The User guarantees that all information and/or content that he/she publishes and/or sends on the Application Services is accurate, truthful and does not infringe the rights of third parties.

11. Personal Data

The Editor attaches great importance to respecting Users' Personal Data and complies with the provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, known as the "RGPD", and with the provisions of French Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, known as the "Loi informatique et Libertés".

To find out more about the processing of their Personal Data, Users are invited to consult the Editor 's Privacy Policy.

12. Force majeure or unforeseeable event

Any circumstances beyond the control of the Editor preventing the performance of the Services under normal conditions shall be considered as grounds for exoneration from the obligations of both parties and shall result in their suspension.

The Party invoking the circumstances must immediately notify the other Party of their occurrence, as well as of their disappearance.

Force majeure shall mean any irresistible event or circumstance, external to AUPAIRTRIP, unforeseeable, unavoidable, beyond the control of AUPAIRTRIP and which cannot be prevented by the latter, despite all reasonable efforts. The following, including but not limited to, shall be expressly considered as cases of force majeure or fortuitous events: blockage of means of transport or supply, earthquake, fire, storms, flood, pandemics or epidemics, explosion, war, terrorism, invasion, riot or other civil unrest, strike, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

13. Litigation

These GTCU are governed by French law.

In the event of a malfunction in accessing and browsing the Application that cannot be resolved by the User, the User may contact the Publisher via the link provided for this purpose on the Application.

In the event of a dispute between Users, each User undertakes first to seek an amicable solution between themselves without referring the matter to the Editor. If they are not satisfied, they undertake to attempt to resolve the dispute amicably using alternative dispute resolution methods such as mediation or conciliation.

In the event of failure to resolve the dispute between them, the User may use alternative dispute resolution methods such as mediation or conciliation. In any event, the Editor is not a party to disputes between Users.

Failing amicable settlement, the dispute shall be submitted to the jurisdiction of the courts of the COURT OF APPEAL OF LYON.

14. Contacts

For any questions, notifications or complaints, you can contact AUPAIRTRIP: At the following address:

• 3 RUE PAUL ELUARD, 71100 CHALON-SUR-SAONE
• At the following email address: support@aupairtrip.com
• By phone: +33686074103

The official languages for communication with AUPAIRTRIP are French or English.

CGV

Last Update: April 21 June 2024

Acceptance of these TCS is mandatory prior to the purchase of Additional Services on the Application.

1. Definitions

The terms defined in the Privacy Policy and in the General Terms and Conditions of Use are applicable to these GTCS.

• Additional Services: means the paid Services offered in addition on the Application;
• Application or AUPAIRTRIP: means the AUPAIRTRIP application downloadable from the application stores;
• Boost or Booster: means the tokens to be purchased to highlight Trips’ proposals on the Application;
• Customers: means any natural person among the Users who purchases Additional Services on the Application;
• Account: means any User's personal space on the Application;
• User Content: means the content posted by the User on the Application, no matter the medium and nature of the content, such as information, publications, contributions, photographs, or films;
• Personal Data: means any information that relates to a User processed by the Application through the use of the Services;
• Premium Account: means the personal space of Customers who have contracted a Subscription;
• Services: means all Services provided by the Application to Users;
• Subscription: means the subscription to Additional Services enabling the creation of a Premium Account;
• Additional Services: means the paid Services offered in addition on the Application;
• Tips: means the advice and recommendations given by Users of the Application;
• Trips: means the travel and holiday proposals made by a User of the Application to other Users;
• Users: means any person browsing the Application and using its Services, including Customers.

2. Introducing AUPAIRTRIP

The Application is meant for au pairs throughout the world who are seeking advice and recommendations on specific destinations and/or to meet other au pairs during their stay.

The Application is therefore acting merely as intermediary between au pairs. Au pairs must maintain a critical mind and observe standard safety rules, as the Application cannot guarantee the behavior of its Users, as detailed below.

3. Purpose and scope of these GTCS

The purpose of these GTCS is to define the terms and conditions of use of the Application's Additional Services.

THE GENERAL TERMS AND CONDITIONS ARE LEGALLY BINDING UPON THE CUSTOMER, WHO ACKNOWLEDGES HAVING READ THEM AND EXPRESSLY ACCEPTED THEM WITHOUT RESERVATION BY TICKING THE BOX PROVIDED FOR THIS PURPOSE WHEN SUBSCRIBING.

These TCS may be updated at any time.

The TCS applicable to the Customer are those in force at the date of subscription to the Additional Services.

Use of the App's Services after the entry into force of the modifications constitutes acceptance of the updated TCS.

If any provision of these TCS is or becomes ineffective in whole or in part, such ineffective provision shall be set aside (without affecting the validity and enforceability of the remaining provisions) and reinterpreted, supplemented or replaced to achieve the purpose intended by the ineffective provision.

4. Presentation of AUPAIRTRIP Services

All the Application's Services are listed and framed in the Application's General Conditions of Use to which the Customer can refer to if necessary.

5. Subscription to Additional Services

Any User may subscribe to the Application's Additional Services. Subscriptions may be annual or monthly, and will be both tacitly renewed unless terminated before the end of the commitment period.

1. Subscription to a Premium Account

All the Additional Services offered as part of a Subscription are mentioned directly in the Application.

In any case, the Customer will be able to benefit from a more complete and enhanced experience of all the Application's Services.

In particular, the Customer will be able to access all User Tips and comment on them, under the conditions stipulated in the Application's GCU.

The Customer may also benefit from free booster for their own Trips proposals to highlight them on the Application.

2. Buying a Booster

Any User may Boost their Trip without taking out a Subscription, by purchasing a Boost. The User then becomes a Customer.

6. Payment

The price of a Premium Account Subscription or a Boost is expressed in US Dollars and, where applicable, includes all taxes.

Prices and terms of engagement are stipulated on the Application.6.1. Payment process

The Customer will be redirected to the integrated and secure payment system of the Application download store.

The Editor does not manage payments within the Application and does not collect any banking data for this purpose.

2. Pricing

The Application mentions the price of the Subscription or Boost purchase. AUPAIRTRIP may unilaterally modify the price.

In the event of a Subscription price change, the Customer will be informed no later than thirty (30) days before the price change takes effect. The Customer may then cancel their Subscription as indicated in the Application.

Failing this, the new price will apply to the Customer as soon as it takes effect.

3. Right of withdrawal

Except in cases where the Additional Service purchased has begun or has been performed before the end of the withdrawal period in accordance with article L221-21-8 1° of the French Consumer Code, the Customer has the right to withdraw from the purchase without giving any reason within fourteen days of the purchase.

In accordance with article L221-21-8 1° of the French Consumer Code, "the right of withdrawal cannot be exercised for contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the consumer and express renunciation of his right of withdrawal".

In particular:

• in the event of purchase of a Boost and immediate use or use within 14 days of purchase, the Customer expressly waives their right of withdrawal,

• in the event of the purchase of a Subscription and the immediate use or within 14 days of the purchase of at least one Booster included in the Subscription, the Customer expressly waives their right of withdrawal.

The withdrawal period expires 14 days after the conclusion of the sale.

If the Customer has not exercised their right of withdrawal by the end of the 14-day period, the purchase is valid.

To exercise their right of withdrawal, the Customer must notify AUPAIRTRIP of their decision to withdraw by means of an unambiguous statement, by e-mail to the address support@aupairtrip.com or by post to the address 3 RUE PAUL ELUARD, 71100 CHALON-SUR-SAONE, FRANCE.

The Customer may use the Withdrawal Form Template (Appendix 1). AUPAIRTRIP acknowledges receipt of the withdrawal request.

4. Effects of withdrawal

In the event of withdrawal exercised in accordance with article 6.2, AUPAIRTRIP will refund the Customer for any payments made, without undue delay and, in any event, no later than fourteen days from the date on which AUPAIRTRIP is informed of the Customer's decision to withdraw. AUPAIRTRIP will refund the Customer using the same means of payment as the one used for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund will not incur any costs for the Customer.

7. Cancellation of Subscription

The Customer may cancel their Subscription at any time via the App store Customer downloaded the Application from.

Termination will take place at the end of the current month or at the end of the commitment year No new payment will occur.

8. Warranties - Liability

Each of the Parties assumes responsibility for the consequences resulting from its faults, errors, or omissions under the conditions herein.

AUPAIRTRIP is subject to a strict obligation of means towards Users. AUPAIRTRIP formally undertakes to do everything in its power to ensure the success of its Additional Services.

AUPAIRTRIP ACTS AS AN INTERMEDIARY BETWEEN AU PAIRS. AUPAIRTRIP IS ONLY BOUND BY AN OBLIGATION OF MEANS TOWARDS THE PARTIES FOR THE EXECUTION OF THE SERVICES. THE AU PAIRS ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THEIR BEHAVIOR AND THE TRIPS THEY ORGANIZE, AND AUPAIRTRIP DECLINES ALL RESPONSIBILITY FOR THE AU PAIRS' COMMITMENTS AND BEHAVIOR.

For more information on the responsibilities of each party, AUPAIRTRIP refers the Customer to the General Terms and Conditions.

9. Force majeure or unforeseeable event

Any circumstances beyond the control of AUPAIRTRIP preventing the performance of its obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the Parties and shall result in their suspension.

AUPAIRTRIP which invokes the circumstances referred to above must immediately notify the Customer of their occurrence, as well as of their disappearance.

Force majeure shall mean any irresistible event or circumstance, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonable efforts. The following, including but not limited to, shall be expressly considered as cases of force majeure or fortuitous events: blockage of means of transport or supply, earthquake, fire, storms, flood, pandemics or epidemics, explosion, war, terrorism, invasion, riot or other civil unrest, strike, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

10. Applicable Law and Competent Courts

The following TCS are governed by French law. In the event of a dispute arising from the validity, formation, interpretation, or execution of the TCS, the Parties undertake to seek an amicable solution in the first instance.

The Client agrees to first contact AUPAIRTRIP at the email address: support@aupairtrip.comor by mail at the postal address 3 RUE PAUL ELUARD, 71100 CHALON-SUR-SAONE.

If the dispute is not resolved, or if the Client is not satisfied with the outcome, they may use alternative dispute resolution methods such as mediation or conciliation. The Client may avail themselves free of charge (except for any attorney or expertise fees) of a consumer mediator for the amicable resolution of the dispute with AUPAIRTRIP.

The Client may refer the matter to the online dispute resolution platform established by the European Commission        accessible        via        this        URL: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase In the absence of an amicable agreement, the dispute and/or disagreement concerning the validity, formation, interpretation, or execution of these General Terms and Conditions of Use (GTCU) is subject to the jurisdiction of the courts within the jurisdiction of the COURT OF APPEAL OF LYON.

11. Contacts

For any questions, notifications or complaints, you can contact AUPAIRTRIP:

• At the following address: AUPAIRTRIP
• At the following email address: support@aupairtrip.com
• By phone: +33686074103

The official languages for communication with AUPAIRTRIP are French or English.

Appendix 1: Withdrawal Form Template

(Please complete and return this form only if you wish to withdraw from the Order.) Attention: AUPAIRTRIP

I/we (XX) hereby notify you of my/our (XX) withdrawal from the Order (XX) below: Signed on:

Name(s):

Address:

Signature (only if this form is notified on paper): Date:

(*) Delete as appropriate.