Last changed: 23rd March 2012
1.1 DISABILITY SUPPORT WORKERS AUSTRALIA is operated by MANDY CAIN. Persons who have registered on the website of DISABILITY SUPPORT WORKERS AUSTRALIA by setting up a Profile (see 1.3) are hereinafter referred to as "Users".
1.2 DISABILITY SUPPORT WORKERS AUSTRALIA is an Internet portal for allowing disability support workers or au pairs (including prospective disability support workers or au pairs) and host families/carer (including prospective host families/carers) to contact each other and make arrangements. DISABILITY SUPPORT WORKERS AUSTRALIA considers itself to be an “Au Pair / Disability Support Workers Agency on the Internet”. The Users of DISABILITY SUPPORT WORKERS AUSTRALIA have the option of;
This means that support workers/au pairs and host families/carers registered DISABILITY SUPPORT WORKERS AUSTRALIA can themselves make contact with an appropriate support worker or au pair or host family/carer and make all further arrangements themselves. DISABILITY SUPPORT WORKERS AUSTRALIA offers a wide range of support during this process. More detailed information is provided in Sections 4 and 5 of these Terms of Service.
1.3 “Profile” within the meaning of these Terms of Service refers to a personal page at DISABILITY SUPPORT WORKERS AUSTRALIA, which each User may design using their own texts. The User has the opportunity to present him- or herself there and to put down what he/she expects from the desired host family/support worker.
1.4 “Standard Messages” and “Personal Messages” within the meaning of these Terms of Service are electronic messages, which can be exchanged between Users using DISABILITY SUPPORT WORKERS AUSTRALIA messaging system. Personal Messages consist of messages where the User is supported in designing their content through standardised components, but is additionally able to personalise them.
These Terms of Service apply to the use of DISABILITY SUPPORT WORKERS AUSTRALIA. By registering, the User accepts these Terms of Service, which become an integral part of the contract upon registration.
3.1 Registration as a support worker/au pair or host family/carer at DISABILITY SUPPORT WORKERS AUSTRALIA is free of charge. For families, express reference is made to Section 4.4 of these Terms of Service. For support workers/ au pairs DISABILITY SUPPORT WORKERS AUSTRALIA remains free of charge when used in accordance with the contract. However, if there is an infringement of these Terms of Service, DISABILITY SUPPORT WORKERS AUSTRALIA reserves the right to make further use dependent on
acquiring Gold Class Membership.
3.2 Any natural person, who is looking for a support worker to care for one or more people with disabilities, whether children or adults, permanently living or working as out of home, may register as a host family or carer. Furthermore, any natural person, who is looking for a host family or working on an hourly rate doing live-out caring, for themselves personally, may register as a support worker.
3.3 Every host family must inquire before registration whether the regulations of their country (country of residence) allow them to take on an au pairs or support workers and every au pair or support worker must ensure that he/she is legally welcome in the desired host country as a support worker or an au pair in accordance with the regulations of that country.
3.4 Each registration must be carried out personally by the relevant User. Registration on behalf of a third party is not permitted. Each User may register only once. Multiple registrations by the same person/host family are not permitted.
3.5 The data requested during registration is to be provided in full and correctly, in other words first name and surname, current address (not a PO box) and telephone number as well as a valid e-mail address. Data is to be provided as it appears in the official identification documents of the person registering DISABILITY SUPPORT WORKERS AUSTRALIA reserves the right to verify the accuracy of the information in individual cases and possibly request corresponding documentary evidence from the User (e.g. copy of identity card, passport, credit card(s) or telephone bill). If the data provided changes after registration, each User is obliged to correct the information immediately.
3.6 Registration is permitted only by natural persons of legal age. An exception to this are persons who have almost reached the age of 18 and are looking for a host family for their placement as an au pair or support worker once they have reached the age of 18. In this case the User will declare that he/she is acting with the agreement of his/her legal guardian during registration.
3.7 Registration is permitted only for the purposes of initiating an relationship involving the person registering. Registration for other purposes (e.g. for advertising or promoting services or products etc.) is expressly forbidden.
3.8 Should a registration be made with DISABILITY SUPPORT WORKERS AUSTRALIA for a purpose other than those permitted, despite the prohibition mentioned in Section 3.7, the person registering will owe DISABILITY SUPPORT WORKERS AUSTRALIA a contractual penalty amounting to au $10,000 for each case of registration. This contractual penalty is to be paid irrespective of any actual loss incurred. DISABILITY SUPPORT WORKERS AUSTRALIA reserves the right to assert claims for damages in addition to the contractual penalty.
3.9 DISABILITY SUPPORT WORKERS AUSTRALIA reserves the right to refuse or delete registrations without any prior discussion and without indicating any reasons.
4. Features available to all Users
4.1 All Users may currently for example:
* Customise their Profile independently to suit their requirements and personalise it with text and photos;
* Exchange pre-formulated Standard Messages as a support worker/ au pair with host families/carers or as a host family/carer with support workers.
4.2 The offer of DISABILITY SUPPORT WORKERS AUSTRALIA is however not static, but is continuously being developed further and adjusted. This means that new features can be introduced or existing ones removed at any time. Naturally the User will be notified of the planned shut-down of major features with an appropriate notice period by e-mail.
4.3 DISABILITY SUPPORT WORKERS AUSTRALIA expects registered host families/carers or support workers to become Premium Members in the foreseeable future because otherwise reasonable use of the services offered by DISABILITY SUPPORT WORKERS AUSTRALIA is impossible. DISABILITY SUPPORT WORKERS AUSTRALIA therefore reserves the right to no longer display the Profiles of host families, who use DISABILITY SUPPORT WORKERS AUSTRALIA for a longer period of time without becoming Premium Members, to other Users and to possibly restrict the options for use available to them.
5. Expanded options for use for Gold Class Members
5.1 Any User of DISABILITY SUPPORT WORKERS AUSTRALIA may also become a Gold Class Member. Gold Class Membership can be taken out for a one-off fee for a fixed period of time. It ends automatically when this period expires. There is no need for a separate notice of termination. Gold Class Membership is non-transferable, but is tied to the User for whose Profile it was concluded.
5.2 As a Gold Class Member the User can add personal text to the Standard Messages provided in the messaging system and draft Personal Messages. These messages can be read by the relevant recipient and answered with Standard Messages to which personal text is added or Personal Messages. As a Gold Class Member the User can also always read the Standard Messages sent to him, to which personal text was added as well as Personal Messages.
5.3 Both Users, who communicate through the messaging system, can add personal text to the Standard Messages provided, if at least one of them (host family./carer or au pair/support worker) is a Gold Class Member. As many Personal Messages as desired can then be exchanged between these Users. If the existing Gold Class Membership expires for one of the two Users, a conversation between two Users which has already started may be continued in the messaging system. New conversations which go beyond exchanging Standard Messages may only be continued by the User whose Gold Class Membership has expired when Gold Class Membership has been extended or taken out again.
6. Code of Conduct for registered Users
6.1 All the services provided by DISABILITY SUPPORT WORKERS AUSTRALIA are exclusively intended for the personal use of the relevant User. Passing access to the use of the services on to a third party (passing on access data, the password etc.) is forbidden.
6.2 Data made accessible to the relevant User (in particular contact data and personal information) of support workers/au pairs or host families/carers is to be treated in the strictest confidence and must not be published elsewhere (in particular on other websites or in other media) or disclosed to a third party in another form. Transmitting the contact information to other Users or a third party is not permitted. In the event of non-compliance, Section 3.8 applies accordingly.
6.3 Every User is obliged to comply with the rules described in the Code of Conduct, and the support worker rules of the relevant host country are to be observed in full.
6.4 Every User must ensure that the content of his/her Profile does not violate statutory provisions or any restrictions imposed by public authorities or offend morality.
6.5 The User is solely responsible for the content, in particular the accuracy and legal permissibility of the latter, of the Profiles displayed on DISABILITY SUPPORT WORKERS AUSTRALIA as well as the text entered or pictures uploaded. Any inaccuracies or negligence in the Profiles of support workers and host families published on DISABILITY SUPPORT WORKERS AUSTRALIA are exclusively the responsibility of the relevant User. The User is also solely responsible for the conversations held via the messaging system with others. The User is obliged to protect the rights and interests of other Users or other third parties, in particular their personal rights. DISABILITY SUPPORT WORKERS AUSTRALIA can never be held responsible for the accuracy of any information regarding a person displayed here (host family/carers and support workers / au pairs).
6.6 Entering contact data, links or referring to other websites in fields or texts, which are not expressly intended for this purpose, is not permitted. This applies in particular to the free text fields. All the data through which direct contact can be made with a person by by-passing gold pass Membership is considered to be contact data. In the event of an infringement, DISABILITY SUPPORT WORKERS AUSTRALIA retains the right to no longer display the Profile to other Users or to delete it as well as to insist that Gold Class Membership is taken out or to demand compensation.
6.7 The use of DISABILITY SUPPORT WORKERS AUSTRALIA is permitted only for the purpose referred to in Section 3.7. The data acquired through use must be used only for the purpose referred to in Section 3.7. In the event of non-compliance, Section 3.8 applies accordingly.
6.8 The use of the services provided by DISABILITY SUPPORT WORKERS AUSTRALIA can be tied by DISABILITY SUPPORT WORKERS AUSTRALIA to certain conditions, e.g. verification of the registration data or contact and address data through submission of the relevant documentation. Furthermore DISABILITY SUPPORT WORKERS AUSTRALIA retains the right in general, in particular in the event of a complaint by a User, to request the User to make a statement. DISABILITY SUPPORT WORKERS AUSTRALIA may decide to no longer display the Profile of the User concerned to other Users and restrict the options for use for this User. If a requested statement is not provided, DISABILITY SUPPORT WORKERS AUSTRALIA retains the right to prohibit the use of DISABILITY SUPPORT WORKERS AUSTRALIA by this User on a permanent basis.
6.9 The User is obliged to inform DISABILITY SUPPORT WORKERS AUSTRALIA immediately if he/she no longer wishes to be available to other Users as an au pair/support worker or host family/carer because an support worker relationship has come about or for another reason.
6.10 The User is advised to retrieve messages left for him/her on DISABILITY SUPPORT WORKERS AUSTRALIA and to reply to them at regular and appropriate intervals and to store them on his own PC or other storage media. DISABILITY SUPPORT WORKERS AUSTRALIA is entitled to delete the messages saved in the User’s Profile in each case at the end of three months after they were sent or received without any further inquiries.
7. Scope of services
7.1 The options for use mentioned in these Terms of Service apply subject to technical availability and according to the current state of the art. DISABILITY SUPPORT WORKERS AUSTRALIA will provide an online service meeting the standard state of the art. However, the User is aware that completely error-free programs are not possible according to the present state of the art. In addition, Users are aware that the desired data might not always be available, or possibly not be available at all.
7.2 There is no entitlement to the options for use described. The registered User is not entitled to use DISABILITY SUPPORT WORKERS AUSTRALIA in the event of a system failure. This also does not give rise to any claims for damages.
7.3 In the event of any disruptions or interruptions to the services promised by DISABILITY SUPPORT WORKERS AUSTRALIA for which the latter is responsible, the duration of Premium Membership will be extended by the duration of the disruption, insofar as the service disruption has lasted for more than 48 hours (continuously or cumulatively) within a period of 30 days.
8.1 DISABILITY SUPPORT WORKERS AUSTRALIA is responsible for providing the technical means required to establish contact between Users in general. We do not guarantee that Users are registered on DISABILITY SUPPORT WORKERS AUSTRALIA that will match each other when the search criteria are compared. DISABILITY SUPPORT WORKERS AUSTRALIA takes no liability for the accuracy of the data provided by au pairs/support workers or host families/carers or the availability of the support workers or host families. DISABILITY SUPPORT
WORKERS AUSTRALIA will therefore not be liable if no contact is established within the period of use.
8.2 DISABILITY SUPPORT WORKERS AUSTRALIA is not obliged to verify the Profiles of Users for any adverse effects on the rights of a third party.
8.3 DISABILITY SUPPORT WORKERS AUSTRALIA points out that all data published on the Internet can be copied. DISABILITY SUPPORT WORKERS AUSTRALIA will make every effort to make this as difficult as possible DISABILITY SUPPORT WORKERS AUSTRALIA will however not be liable if Profile data published on DISABILITY SUPPORT WORKERS AUSTRALIA is copied and published elsewhere. The User is obliged to release and hold harmless DISABILITY SUPPORT WORKERS AUSTRALIA from any claims by third parties arising in any manner from the publication of the User’s Profile.
8.4 The User is obliged to compensate DISABILITY SUPPORT WORKERS AUSTRALIA for any damage or loss which is and/or will be incurred by DISABILITY SUPPORT WORKERS AUSTRALIA in any manner from the display of his/her Profile, unless the User is not responsible for this damage or loss.
9.1 DISABILITY SUPPORT WORKERS AUSTRALIA will in particular make texts available which express the relevant valid regulations and legislation as far as DISABILITY SUPPORT WORKERS AUSTRALIA is aware. The sole purpose of this is to provide information to Users DISABILITY SUPPORT WORKERS AUSTRALIA does not assume any liability or provide any guarantees that this information is complete, correct or accurate. Users must find out for themselves from the responsible authorities as to whether they are legally permitted to host
an au pair or support worker or whether they are permitted to be placed as an au pair or support worker in a host family in the host country selected. In the chance of an medical issues arising with the client with the disability, DISABILITY SUPPORT WORKERS AUSTRALIA does not take an liability of the client in any way associated with the support worker.
9.2. DISABILITY SUPPORT WORKERS AUSTRALIA is only liable for intent and gross negligence.
Apart from intent or gross negligence on the part of legal representatives, DISABILITY SUPPORT WORKERS AUSTRALIA , liability is restricted to the damage or loss typically foreseeable at the time the contract was concluded.
Liability for compensation of indirect damage or loss, in particular for lost profit, exists only in the event of intent or gross negligence on the part of legal representatives, senior staff or other vicarious agents of DISABILITY SUPPORT WORKERS AUSTRALIA .
The above-mentioned disclaimers and restrictions of liability do not apply to consumers if express guarantees are assumed by DISABILITY SUPPORT WORKERS AUSTRALIA and to losses from the injury of life, body or health as well as in the event of compulsory statutory regulations.
9.3 Any agreements made between Users are concluded with the exclusion of any liability on the part of DISABILITY SUPPORT WORKERS AUSTRALIA . This applies in particular to any inaccuracies, negligence or criminal offences by a User. DISABILITY SUPPORT WORKERS AUSTRALIA shall in particular not be liable in the event of advance-fee fraud. Furthermore, DISABILITY SUPPORT WORKERS AUSTRALIA may not be held responsible if an au pair/support worker relationship does not come about or not in the manner originally desired.
10. Termination/Cancellation of use
10.1 Each User may deactivate his/her Profile at any time and in doing so remove it from being displayed to all the other Users. If deactivated or even active Profiles are not used for several weeks and if Gold Class Membership has expired for several weeks, these are deleted automatically and irretrievably. This also applies to any conversations in the messaging system stored under these Profiles.
Right of cancellation
You may cancel your contractual declaration within 14 days in text form without stating any reasons (e.g. letter, fax or e-mail). The cancellation period begins upon receipt of these instructions in text form, however not prior to conclusion of the contract and also not prior to the fulfilment of our information obligations in accordance with The cancellation period is deemed to be complied with if the cancellation is dispatched in due time. The cancellation is to be sent to:
Consequences of cancellation
In the event of a valid cancellation, the services received by both parties and any benefit derived from them (e.g. interest accrued) are to be returned. If the services received as well as the benefit (e.g. advantages of use) cannot be returned or not in full or only in a deteriorated state, then you will be liable to pay compensation to us accordingly. This can mean that you must nevertheless fulfil the contractual payment obligations for the period until the cancellation. Obligations to make payments must be satisfied within 30 days. The period begins on your part with the dispatch of your cancellation declaration and on the part of Disability Support Workers Australia with its receipt.
The right of cancellation lapses early if the contract has been fully satisfied by both sides at the express wish of the User before the User has exercised his right of cancellation.
End of instructions regarding right of cancellation
10.3 If the User cancels Gold Class Membership, after having used the latter, he is obliged to make a payment toDISABILITY SUPPORT WORKERS AUSTRALIAfor the benefit of use gained through his/her use of services. The value of the benefit of use is considered to be $49.00 AU for each case of use. The amount already paid toDisability Support Workers Australiais retained as compensation. Use of Premium Membership exists in particular if the User has made use of one or several of the options for use referred to in Section 5.2 of these Terms of Service.
11. Exclusion from use by DISABILITY SUPPORT WORKERS AUSTRALIA
11.1 In the event of an infringement of these Terms of Service, the Code of Conduct, morality, the rights and statutory provisions applicable in the Australian Law, or the rights of a third party, or ifDisability Support Workers Australiahas another justified interest,Disability Support Workers Australia may exclude individual Users from use of the services at any time without stating any reasons. The same applies if the User cancels this at a later date.
11.2 In the event of an exclusion in accordance with 11.1, the User is not entitled to reimbursement of the fees for Gold Class Membership either in full or in part. In the event of an infringement of these Terms of Service, any amount which may already have been paid toDISABILITY SUPPORT WORKERS AUSTRALIA will not be reimbursed, but will be retained as a contractual penalty for the breach of contract.
11.3 As soon as a User has been excluded, this User may no longer useDISABILITY SUPPORT WORKERS AUSTRALIA. The excluded User may not register again.
12. Final provisions
12.1DISABILITY SUPPORT WORKERS AUSTRALIA is entitled to transfer its rights and obligations arising from this contractual relationship in full or in part to a third party with a period of notice of four weeks.
12.2 The place of performance is Western Australia.
12.3 If the User is a businessman or legal entity or has no general place of jurisdiction in the Australian Law, will be the place of jurisdiction for any disputes arising from the contractual relationship.Disability Support Workers Australia reserves the right to also take action against the User at any other permissible place of jurisdiction.
12.5 The law of the Australia applies to all legal relationships between the contractual parties, provided that compulsory statutory provisions, in particular consumer protection provisions, do not provide for another law to apply. In cases of doubt, the Australian version of the Terms of Service shall prevail.
12.6 DISABILITY SUPPORT WORKERS AUSTRALIA reserves the right to amend these Terms of Service at any time without stating any reasons. Any amendments to the Terms of Service will be indicated to the User before every log-in and made accessible to him. The amended sections of the Terms of Service will be clearly indicated by DISABILITY SUPPORT WORKERS AUSTRALIA for at least two weeks. At every log-in the User accepts the Terms of Service valid at that time.
12.7 Should one of the above-mentioned provisions be invalid, the validity of the remaining provisions remains unaffected. The User undertakes in this case to agree to a stipulation as close as possible to the ineffective clause in terms of its economic purpose and intention.