Legal
Terms of Service
Last updated: 6 August 2026. By using AuPairly you agree to these terms in full.
1. Who we are
These Terms of Service ("Terms") govern access to and use of the website, applications, and services operated under the name AuPairly at AuPairly.me (the "Platform", "we", "us", "our"). Contact: hello@aupairly.me.
By creating an account, browsing, messaging, paying for a plan, or otherwise using the Platform, you agree to be bound by these Terms, our Privacy Policy, and our Platform Disclaimer. If you do not agree, do not use the Platform.
2. Marketplace only — not an employer, agency, or guarantor
AuPairly is an online marketplace and technology platform that enables users to create profiles, browse listings, express interest, message, and arrange their own care, sitting, or placement relationships.
- We are not an employment agency, recruitment agency, au pair agency, staffing company, or domestic worker employer.
- We do not employ sitters, au pairs, caregivers, house sitters, or pet sitters, and we do not employ host families or households.
- We do not control, supervise, or direct how users perform services for each other, set work hours, pay wages, or structure household arrangements.
- Any agreement for services, pay, pocket money, board, hours, duties, or placement is solely between the users involved. AuPairly is not a party to those agreements and has no obligation to enforce them.
3. No warranty of safety, suitability, or outcomes
Verification tools, badges, reviews, references, safety scores, ID checks, and similar features are optional aids only. They do not guarantee identity, character, criminal history, immigration status, skills, health, insurance cover, or suitability.
You use the Platform and interact with other users entirely at your own risk. You are solely responsible for:
- Verifying identity, references, and legal right to work or host;
- Background checks, interviews, trial periods, and references beyond our tools;
- Safety of children, elderly persons, pets, property, and premises;
- Complying with all applicable labour, immigration, tax, housing, and child-protection laws;
- Any money, gifts, transfers, or contracts you arrange outside the Platform.
4. User conduct and prohibited use
You agree not to:
- Post false, misleading, defamatory, illegal, or harmful content;
- Harass, exploit, threaten, or endanger any person (including minors);
- Use the Platform for trafficking, illegal work, fraud, scams, or money laundering;
- Solicit users to leave the Platform solely to evade fees in bad faith where prohibited;
- Scrape, reverse engineer, or abuse the Platform or other users' data;
- Impersonate others or misuse verification or payment systems.
We may suspend or terminate accounts, remove content, or report activity to authorities without notice where we reasonably believe these Terms or the law are breached. We have no duty to monitor all content but reserve the right to do so.
5. User-generated content
You retain ownership of content you post, but grant AuPairly a worldwide, non-exclusive, royalty-free licence to host, display, and process that content to operate the Platform. You represent that you have all rights needed to post it and that it does not infringe others' rights. We may remove content at our discretion.
6. Payments, plans, and refunds
Paid memberships, boosts, and marketplace features are billed as described at checkout (e.g. via Paystack). Fees are for access to Platform features, not for a guarantee of matches, hires, placements, or income. Except where required by mandatory consumer law, payments are non-refundable once access is granted. Demo or promotional access may differ.
7. Third-party services
The Platform may link to or integrate third parties (payments, hosting, maps, messaging, identity tools). We are not responsible for third-party services, outages, or their terms and privacy practices.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY.
We do not warrant that users are who they claim to be, that any care arrangement will be successful or safe, or that the Platform will be free of errors, viruses, or security incidents.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUPAIRLY, ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO:
- Your use of, or inability to use, the Platform;
- Conduct, statements, acts, or omissions of any user or third party;
- Any placement, employment, care, sitting, or household arrangement;
- Injury, death, property damage, theft, abuse, or neglect involving users;
- Disputes between users over pay, duties, hours, or termination;
- Unauthorised access to or alteration of your transmissions or data.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR PLATFORM ACCESS IN THE THREE (3) MONTHS BEFORE THE CLAIM, OR (B) ZAR 500 (FIVE HUNDRED SOUTH AFRICAN RAND).
Nothing in these Terms excludes liability that cannot be excluded under applicable law (including fraud or gross negligence where such exclusion is void).
10. Indemnification
You agree to indemnify, defend, and hold harmless AuPairly and its owners, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your content; (c) your interactions or agreements with other users; (d) your breach of these Terms or the law; or (e) injury or loss suffered by any person (including minors) in connection with services arranged via the Platform.
11. Release
If you have a dispute with one or more users, you release AuPairly from claims, demands, and damages of every kind arising out of or in any way connected with such disputes, to the fullest extent permitted by law.
12. Suspension and termination
We may suspend or terminate your access at any time, with or without cause or notice. You may stop using the Platform at any time. Provisions that by nature should survive (including disclaimers, limitation of liability, indemnities, and intellectual property) survive termination.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules. Subject to mandatory consumer rights, courts of competent jurisdiction in South Africa shall have exclusive jurisdiction, unless we elect arbitration or mediation in writing.
14. Changes
We may update these Terms at any time by posting a revised version on the Platform. Continued use after changes constitutes acceptance. Material changes may be highlighted on the site or by notice where practicable.
15. Entire agreement
These Terms, the Privacy Policy, and the Platform Disclaimer constitute the entire agreement between you and us regarding the Platform and supersede prior understandings on that subject. If any provision is unenforceable, the remainder remains in effect.
This document is provided for platform protection and transparency. It is not a substitute for formal legal advice tailored to your jurisdiction. For questions: hello@aupairly.me.