General Terms and Conditions

The present general terms and conditions are destined to govern the site Topnanny.at. The inscription to the site according to the conditions hereinafter means full compliance and acceptance without reserve of the general terms and conditions. The usage of the internet site is strictly reserved for personal use. The current users recognize the arrangements put in place to comply with the general terms and conditions to access and use the site. All use or visualizations of services created by Topnanny.at assume that the user of said services commits and respects all present general terms and conditions. Topnanny.at equally reserves the right to modify the general terms and conditions without pre warning. In cases of refusal to accept the new terms and conditions you can simply ask to remove your account from Topnanny.at. Refusal to subscribe to the general terms and conditions imposes a cessation of use of any of the services proposed by Topnanny.at.

1. Presentation of the Site

Legal information:

Topnanny.at is a site published by the company INELAND LTD for which the headquarters is located at Rogers House, 5 rue du président John Kennedy, Port Louis Maurice.

The website Topnanny.at is hosted in London (United Kingdom) by OVH Hosting LTD LTD 5 Fitzwilliam Place, Dublin 2, Ireland. Registration number: 468585 – VAT number 9520632R

The publisher can be reached by email at the following email address: lily@topnanny.at

The site is a community site to facilitate the arrangement of contact between all moral or physical sharing of reciprocal needs bound to different categories of personal services. The site holds no responsibility in the guarantee of the accuracy of such information presented by the entire responsibility of its members. Conformity to practices and usage of the internet, publicity can be inserted into the heart of the site and also the promotional links or sponsors. The companies represented on the site stay the owner of all property rights to there products materials and advert. All information provided by external parties remains the responsibility of said party.

The site is accessible freely for all users.

The inscription and creation of profiles and adverts are published without financial reward. The search of and consultation of the content of profiles are free. The joining of contact can be payable. The conditions of contact and the pricing are available in the page of presentation of offers.

Topnanny.at might bring about commercialization of its services and options of additional services that are payable yet optional. The prices indicated on the site include tax. They are formulated in Euros. These prices are subject to change and at any moment can be modified by the society and are not fixed rate for the future.

2. Your Intellectual Property

Topnanny.at acquires no right on intellectual property of your contents. In allowing your content to become accessible, you are in accordance with Topnanny.at a license entitled Creative Commons Paternity 2.0 France on the contents during the entire duration whilst present on the aforementioned website. Since the website can, in particular, offer other users the ability (i) to visualize your contents on the website or from a website on other electronic communication supports (notably, mobile phones) and (ii) to download your contents on other supports. You are otherwise informed that, bound by the inherent characteristics of the internet, the information transmitted, notably your content, is not protected against the risk of and/or piracy and we cannot be held accountable. It is your responsibility where necessary to take all appropriate measures as to protect this information.

3. Our Intellectual Property

The web site is exclusively our intellectual property. In a general manner we agree a personal right, non exclusive and non transferable to access and usage of the site all other rights being expressly excluding without our prior written agreement.

4. Our Responsibility as Host

We legally hold no general responsibility for the surveillance of content transmitted or stored via the site. The only obligations inherent as our capacity of host concern (i) the struggle against certain contents according to the procedure written under the section Forbidden contents, (ii) the conversation of your information of connection, elsewhere covered by the confidentiality agreement and treated in the respect legal clauses in material of a personal nature and (iii) the withdrawal of all material of a manifestly illicit manner, that we have actual knowledge of.

5. Your Responsibility as a User

In your capacity as a provider of content to the site, such as photographs, videos or comments you make, you are held accountable to respect the legal clauses and regulations with vigour. It brings you the consequences to assure you that the archiving and distribution of the site contents via the site doesn't consist of (i) a violation of third party intellectual property rights (ii) a breech to other people (notably libel, insults, injuries, etc.) and respect to private life (iii) a breech of public order and good morals (notably, apologies of crimes against humanity, instigation of racial hatred,child pornography etc.) Given a problem, the contents will be retracted in the conditions visible in paragraph 4 and/or your account deactivated without any warning. In other cases you risk , a personal title, the sanctions and penalties specific to contentious points (prison sentences and fines), other the the eventual conviction of payment for damages and interest. Total number bound by the community character of the site and by respect for the sensitivity of everyone, it belongs to the user to retain a certain ethic in terms of photos, videos and/or comments put online and notably to abstain from distributing all contents with a insulting intent, violent or pornographic. In case it may be of use all content is automatically associated with a permanent link for other user to report all types of abuse.

6. Subscription and Access

6.1 Subscription

In order to benefit together from functions of the site, you can create an account by way of an online form intended for this. The subscription is forbidden to moral persons without authorization expressed by the site Topnanny.at. The member guarantees that the information given is correct. They are obliged to inform Topnanny.at without delay in cases of changes to their information that they have given for their subscription and in this case make aware said notifications themselves. The abode at all moments is free to modify the content of personal information communicated on this occasion. Otherwise, Topnanny.at doesn't have the means to assure the personal identity of people subscribed to these services Topnanny.at is not responsible incase of identity theft of a member. If the member has reasons to think is using elements of identity or their account, they must immediately inform Topnanny.at. The access to your account can happen by seizure of your identity and associated password, that to which only you alone assure the confidentiality. In no case will Topnanny.at be made responsible for the loss of identities and/or passwords by a member. The use of the site following your inscription is valid for an undetermined duration. We reserve the right to end anything at any moment, in the cases where disrespect to the inherent obligations to which you are responsible as described above, access to your personal space can be immediately and without warning, temporarily or definitively suspended by way of deactivation to your account and without prejudice of our other rights.

6.2 Access to the Site

The equipment (computer, software, ways of telecommunication, etc.) that allows access to services is at the exclusive charge of the member, the same rates of telecommunication indicated by their use.

6.3 Capacity to Accept the general terms and conditions

By subscribing to Topnanny.at, the user recognizes to have read and accepted the general terms and conditions. If the user is a minor they cannot use the site Topnanny.at without agreement from their parents or teachers. The children under the age of 16 years of age are not permitted to subscribe to the site. If you are less than 16 years of age, please do not use use the site or access the site in another manner. If you are the parent or the legal representative of a child under 16 years of age who will be registered on the site, we thank you to send us an email with necessary information for the cancelation of the child's subscription.
Minors are not authorized to subscribe on the site without having obtained former consent explaining their legal responsibilities.

7. Partner Sites

Topnanny.at will not be held accountable for errors or unavailabilities of certain information provided on the site by the partners or users of the site. Partners are the third parties. Also, once you use the services proposed by a partner and, notably, once you go access the website from the site of Topnanny.at for buying or or using a service, the preset general terms and conditions are no longer applicable and you must accept the the general terms and conditions of sale from the partner. Only the partner is responsible for the prices actually applied. Furthermore, Topnanny.at will not be held responsible for the content added by partners or the users on the site of Topnanny.at:
(a) all misleading or false information or altered presentation in regards to products or services proposed by the client,
(b) all information, audio documents, video documents, graphic or other work in violation of copyright of the label and the rights of intellectual property of all other people,
(c) the hyperlinks available to access in the present internet site and providing direct access to other internet sites, and, in a general manner towards all existing resources on the internet.

8. Use of Service

8.1 Information

The authorized members of Topnanny.at distributed on its internet site and on publicity supports or of communication, their complete name, the contents of the advert, also the photos associated with their account and the photos and videos where they find in the event of sponsors, organizers or the sponsored by Topnanny.at.
The authorized member of Topnanny.at has distributed after the partners full complete surname, their complete co-ordinates, the contents, the contents of the advert and their profile, as well as that or the photos associated with their account.
The same information can be taken by authorized partners of Topnanny.at and distributed on their own platforms (web, internet, or other).
When a member wants to supply to Topnanny.at the third party coordinates, they engage to have previously obtained of this last consent for the treatment of their information by Topnanny.at. Its therefore otherwise the exclusive responsibility with regards to these third parties and the consequences of the transmission to Topnanny.at of these contact details. Topnanny.at reserves the right to delete the account judged to be inactive according to the criteria deemed to be appropriate. The member attests to know the internet well, it's characteristics and limits and recognizes:
(i) that he publishes, questions, consults, asks, data stock accessible on the Internet network are the sole responsibility of the user.
(ii) that they have perfect knowledge of the information given and personal information can be visible in search engines.
(iii) that they take into account all measures that need to be taken in a way which protects their own information and software stored on the equipment in case of attempts of intrusion in their computer by third parties
(iiii) that in spite of technical methods put in place to prevent third-party intrusions of the machines and the member's only spaces, Topnanny.at cannot be held responsible for piracy or potential alterations of information of members by third parties.

8.2 Principles of Use

Topnanny.at allows:

• users in search of a service to publish their needs in this search, and to find among the adverts of the site people, organizations, or partners who can reply to their needs. The services taken in charge by the site currently cover: childcare, animal care, private tutoring, senior care and home help.
• to users proposing one of these services, displaying a service, and be put in relation with interested users.
• to partners inserting publicity in the site, in a neutral manner in the form of a banner, or in a personalized form in the way as other user advertise.
• to partnersauthorized explicitly by Topnanny.at, to contact the users after they have proposed their services that correspond with their search or offer.

In no case can users pretend to guarantee a service or results vis à vis of users described below.
The veracity, the validity and exactitude of adverts published by users engages in no case the responsibility of Topnanny.at, and stays the entire responsibility of the author. Topnanny.at doesn't engage in neither the quality of the services proposed by users or their services.

In consequence, Topnanny.at is uninvolved in all responsibility relative to contents of adverts that publish and/or services, meetings, or services that may follow. For all breech of obligations by users in the present terms, of the law, the responsibility of Topnanny.at is expressly excluded.

Topnanny.at emphasizes the importance of taking certain precautions for physical encounters with other users. Topnanny.at advises that users always meet at pre arranged public places and informs a person in their family circle of the place and time of the meeting .

Topnanny.at demands equally that users must themselves check the verifications as needed, that are taken into account by the person who wishes to work within the field of services to people. The contractualization the legal declaration and the execution of presentation of services are the sole responsibility of the user. If one of them prove to be lacking the responsibility of Topnanny.at is expressly excluded.

The use and inscription of Topnanny.at implies total acceptance of the principles below.

8.3 Nature of the Use and the Givens

Topnanny.at is a private community site. Members, therefore are not permitted to :

• Use their advertisements to any other end than to expose a need or service related to child minding, petsitting, lessons, senior care or housework.
• To use the coordinates of others' advertisements for any other purpose than to a personal relation in order to propose or exhibit a service or a need related to its own condition.
• Not authorized: advertising, defamation, jokes, etc.

Topnanny.at has in place a contact email allowing all users to alert Topnanny.at all activities that go against the principles mentioned above. As a service provider, Topnanny.at cannot be held responsible for the non-application of these rules and its responsibility is limited to the rules described in Article 4.

In addition Topnanny.at reminds its users that it reserves the right to not publish a profile or photos that it judges to go against the ethic of the site without having to justify its decision.

8.4 Forbidden Content

In the capacity of host, Topnanny.at is legally there to manage an easily accessible device thats easily visible, allows anyone to take into account the diffusion via the site content including :

• thepraise of crimes against humanity,
• incitation to racial hatred,
• child pornography,
• incitation to violence,
• breach of human dignity.

At your disposition you have the "Report" button located systematically next to all content. You can also write us a detailed report specifying the date, your identity, the URL address of the litigious content, a description and its author. Following reception Topnanny.at, a report addressing the infractions signaled beforehand the content in question will be immediately subjected to removal from the site and information given to the appropriate public authorities. By all necessary ends, you are reminded that for any person, to present illicit content or activities with the goal of removing or to stop its diffusion, knowing that this information is incorrect, can face imprisonment of one year and a fine of 15,000 Euros.

8.5 Obligations of the User

In accessing the internet site of Topnanny.at, the user declares, guarantees and engages in:

- Using the services only in Using the Services in the attribution purely private (the connection of site members)
- To not publish incorrect information concerning identity, their competencies and qualifications.
- To not use the site in ways that affect its good functioning and services.
- To not commercialize in a direct way or indirect concerning the services proposed by Topnanny.at.
- To notcontravene the provisions of Articles 323-1 to 323-7 of the Penal Code punishing practices named as "hacking".
- To not re-use or reproduce, under ways that will be all part of the site and the services it contains.
- To not communicate information concerning, in particular their name, their address, email, website, telephone numbers and fax except if this information was expressly demanded by Topnanny.at.
- The users must respect the legislation and strength of matters of law concerning the country in which they complete childcare work.
- The term "maternal assistant" is a term subject to approval. The use of this term by unauthorized persons is subject to sanction.
- Users are solely responsible for all information they provide to Topnanny.at.

In case of breach of any of, but not limited to, these obligations, the user acknowledges and agrees that Topnanny.at will have the option to refuse, unilaterally and without prior notification, access to all or part of the website.

8.6 The Use of Cookies

The user is aware that a part of the services requires the use of cookies.

Cookies are the little text files registered for a limited period in the time of the live memory of a computer (these are cookies stated as "this session"), or even in the hard drive of the computer (these are cookies stated as " permanent "). The cookies content for example. the information on the the access completed up until present by the user on the corresponding server, the information concerning the offers consulted until present, or even the information on the method of payment which were agreed in the preceding completed operation.The main purpose of cookies is to store information on the one hand, thanks to the agreement of the user of an offer that is unique to him/her, secondly, through the establishment of use of services as adequate as possible.

In this way, the user can visit the pages of the Site without, each time, having to input the settings. However, cookies are not set up to perform programs autonomouslyand even less to load viruses on the computer of the user.

This Site uses session cookies and permanent cookies.
Most of internet browsers are set as standard, that is to say they accept cookies. The User however has the right and the possibility to define the parameters of their browser in such a way as to refuse the cookies or even put in place thatprior acceptance of the User is required. If the user refuses to save or delete the cookies, that can however result in the volume of services being reduced and all the site offers cannot function at optimally.

8.7 Verification of identity

Topnanny.at proposes a service of identification of it's members. It's attributed by mentioning "identity verified" on the profiles of members who had subscribed and who were successfully verified.
- The member sends an electronic copy of a piece of identification.
- Topnanny.at verifies the consistency between the surname, name and birthdate indicated on their profile with the document provided.
-The document is not kept by Topnanny.at

This verification is a verification of principle. In no case does Topnanny.at guarantee the identity of the person who created the profile. The following cases could come about, including, but not limited to:
-the member falsified their identification
-the member created a profile under the name of another person and sent a copy of identification not belonging to him or herself.
- there was an error in the manual verification of the consistency between the document received and the information on the profile.

In no case can Topnanny.at be held responsible for the usurping of the identity of a member or a false declaration, even if the "identity verified" badge has been attributed to the profile .

8.8 Internal Messaging

Topnanny.at offers a messaging service on the site.
The messages exchanged through this service are not accessible except by their sender, receiver or members of the Topnanny.at team.
Members are informed that across these GCUs of character non-confidential and impersonal of this service.
Even if in the usage the messages cannot be read by other members, in no case can Topnanny.at be held responsible for access by anyone to these communications.
Furthermore, members are informed that Topnanny.at team can be required to examine messages exchange, in particular in order to:
- verify the satisfaction of user
- verify the correct use of the site by members
- or for any other reason left to the discretion of the Topnanny.at team

Users who do not have the active Pass are not authorized to transmit their phone number or email address by the messaging service or to incite others to contact them by any other means than through the site. Any breach can be subject to compensation and interest owed by the User to Topnanny.at.

Topnanny.at reserves the right to ban the account of any user whose behavior is not judged as adequate or conforming to the Terms of Use following the examination of communications exchanged across this service.

8.9 Client Contact

Topnanny.at uses as correspondence a personified email.
This name is not provided as the name of an individual employed by the site. Thus, users of the site are aware of the lack of physical existence of that person and the site can not be held liable for identity theft

8.10 Redirected Number Surcharges

Topnanny.at offers a service to connect directly with its members. The contact is made by means of a surcharged telephone number. This service is performed externally and is confirmed to partner companies.
Billing is performed directly by your telephone operator according to the rate conditions indicated with the generation of the surcharged telephone number.
Topnanny.at can not be held responsible for any system failure, redirection error, or billing errors for the use of these redirected numbers.

8.11 Right to Retraction and refund

Pursuant to Article L. 121-20-2 1 of the Consumer Code, the User expressly agrees that the provision of the service associated with the purchase of a Pass on Topnanny.at begins the validation of its payment before the end of the period of seven days under the Consumer Code and accordingly acknowledges and agrees not to exercise the right to withdrawal associated with selling online or remotely.
Consequently, no application for revocation, cancellation or refund will be admissible for the subscribed period. A gesture of goodwill may still be implemented at the discretion of the team of Topnanny.at.

9. Availability of Site

The site is in principle accessible 24/7, except interruption, planned or not, for the needs of its maintenance or in the case of emergency.Being made ​​subject to an obligation of means, we can not be held responsible for any damage of any kind whatsoever resulting from the unavailability of the site.

10. Evidence, Preservation and Archiving

The records stored in our system, in compliance with the security regulations, will be considered proof of communication emails, mailings registration form postings and downloads of content (text, photos and videos) . The filing of the registration forms is carried on a support such as to ensure the faithfulness and durability required by the legal provisions in force. It is agreed that any difference between our computer records and documents in paper or electronic formats you have, our computerized records shall prevail.

11. Indemnities

You agree to indemnify and hold harmless Topnanny.at, its subsidiaries and affiliates, and their servants, agents, partners and employees, against any loss, liability, claim or demand, including any reasonable attorneys' fees, for any third party caused by or arising from your use of the Site violates the provisions of this Agreement and/or arising from any breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Site makes Topnanny.at responsible to others, provided that such liability is attributable to misconduct.

12. Governing Law and Jurisdiction

The Terms of Use are subject to Mauritian law.

In the event of any dispute arising out of the execution, termination or conditions of this contract, the parties shall endeavor to settle their dispute amicably.

If no friendly solution is found, the dispute shall be brought before the competent courts of Mauritius.

13. Miscellaneous Clauses

If any part of these Terms of Use should be illegal, invalid or unenforceable for any reason, the term or terms would be declared null and void and the remaining terms shall remain in full force and effect and continue to apply. Declared nonexistent terms are replaced by terms that will better approximate the content of the canceled clause.

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