Terms of Use

Last Updated: January 2016

Please read the following Terms of Use which apply to every visitor of the website Care.com (referred to below as “Website”). By using this website you imply that you certify your acceptance of these Terms of Use. Care.com Europe GmbH reserves the right to change, delete or supplement the information on this website at any time without prior announcement.

Intellectual Property
This website is property of and is operated by Care.com Europe GmbH. Care.com Europe GmbH is owner and license holder of all brand names, logos and other marks appearing on this website. Without express written permission from Care.com Europe GmbH or the holder of this brand name, its representation in this website neither implicitly nor explicitly grants the visitors a license or a right to the brand name.

The reproduction, distribution, amendment or use of the content of this website for purposes other than personal, non-commercial purposes is only allowed upon written prior agreement of Care.com Europe GmbH. Every copy of the content of this website or a partial copy of the same must contain the following copyright notice: Copyright@2007-2017 Care.com – All Rights Reserved.

Care.com Europe GmbH reserves the right to take legal action for any violation of its intellectual property rights with the full force of the applicable laws. This includes criminal proceedings when appropriate.

General Conditions of Participation
Visitors of the websites obligate themselves not to abuse the service, in particular:

  • not to disseminate defamatory, objectionable or otherwise illegal material or information through it;
  • not to use it for the purpose of threatening other persons, to harass or to injure the rights (including personality rights) of third parties;
  • not to upload data which
    • contain a virus (infected software) or
    • contain software or other material which is protected by copyright, unless the user has the rights to it or the required permissions.
  • not to upload photographs,
    • which do not represent the registered person (face photographs)
    • on which comic figures, animals, landscapes etc. are illustrated
    • on which email addresses or Internet addresses are named
    • which have defamatory, objectionable or otherwise illegal content (it must be the real photograph of the member; the face of the member must be recognizable)
  • not to use it in such a manner that the availability of the offers to other participants and clients are adversely affected;
  • not to indicate names, addresses, telephone or fax numbers, email addresses etc unless these information are not explicitly requested;
  • not to use technical tools such as scripts, programs or other tools which are opposed directly or indirectly to the idea of the services offered;
  • which change, influence, distort or delete directly or indirectly the results and / or contents of Care.com Europe GmbH;
  • which are not in accordance with the normal use of the content elements, in which for example, the personal, manual use of the content elements is not undertaken;
  • not to implement changes in the operations desired by Care.com Europe GmbH.
Non-compliance to any of the above mentioned contractual obligations can lead to the immediate exclusion from the use of the website as well as to civil and criminal consequences for the user. The operators of the website will take the appropriate measures.

Links to other Websites
The following applies for links to websites found in this website, which are not operated by Care.com Europe GmbH: Care.com Europe GmbH has no way of monitoring these websites since these are completely independent of Care.com Europe GmbH. In view of this Care.com GmbH Europe does not assume any responsibility for the contents of these websites and the consequences of their application by visitors. The visit of all websites which are accessible through links is at one’s own risk. No separate notice shall be made when the user leaves the websites. However we request you to call our attention immediately to illegal and dubious contents of the linked websites.

Other websites possibly have a link to the websites of Care.com Europe GmbH. Such a link require the prior agreement of Care.com Europe GmbH.

Limitation of Liability
Care.com Europe GmbH is taking every effort to continuously update the websites, but does not assume any warranty for the correctness or the completeness of the contents. Furthermore:

  1. Care.com does not assume responsibility for the contents and the correctness of information in the registration and profile data of users and other contents generated by the user. Likewise Care.com does not assume liability in case of misuse of information.

  2. In relation to the sought after or offered service, the contract shall take effect only between the respective participating users. Hence Care.com does not assume liability for services of the participating users. Accordingly all matters in regard to the relationship between the Seeker and Provider, including, and without exception, the services which a Seeker has obtained or payments which are due to the Provider are to be referred directly to the respective party – the Seeker or the Provider. Care.com cannot be made responsible for this and it explicitly objects all types of liability claims including receivables, services, direct or direct damages of all types, whether done consciously or not, assumed or not, disclosed or not, in whatever form, in relation with the said matters.

  3. For damages arising from injury to life, body or health, Care.com Europe shall be liable only when this is due to intentional or negligent violation of duty by Care.com Europe or an intentional or negligent violation of duty of a statutory representative or agent of Care.com Europe.

    For other damages, when these do not involve a breach of cardinal duties (such duties which arise from the implementation of the contract and the observance of which can be usually relied upon by the contractual partners), Care.com Europe shall be liable only when this is due to intentional or gross negligent violation of duty by Care.com Europe or an intentional or gross negligent violation of duty of a statutory representative or agent of Care.com Europe.

  4. The claims to damages are, in addition to the cases mentioned in par. 3, limited to damages which are foreseeable and typical to contracts. They amount, in case of default, to a maximum of 5 % of the value of the contract.

  5. Claims for damages arising from injury to life, body, health or freedom, have a statutory limitation of 30 years; otherwise after one year, wherein the statutory limitation begins at the end of the year when the claim was incurred and the creditor has become aware or should have become aware of the circumstances that justify the claim and the person of the debtor without gross negligence (§ 199 par. 1 BGB).

  6. The operator is not liable for the unauthorized access to personal data of the user by third parties (for example, due to ‘hacking’ of the databank). Likewise the operator is not liable for the misuse of information by users through third parties, which information have been made accessible by these users themselves to third parties.

  7. The operator reserves the right – but does not accept the responsibility – to review the content of a text prepared by a user as well as uploaded data (pictures, video) in regard to compliance with the law and legislation, and when necessary to delete these partly or completely.

Availability of the Website
Care.com has an availability of 97 %, based on the year. Availability is understood as the ratio of actual time to targeted time: AV (%) = (AT/TT)*100. Actual time is the period on which the system is actually available at the router-output of the data center of Care.com. The maintenance periods required for the maintenance of the system and interruptions for offline-securities, within reasonable bounds (industry-standard) as well as interruptions due to force majeure or other causes for which Care.com is not to blame, due to willful action or gross negligence, are not included in the allocated time.

Care.com Europe GmbH notes that:

  • It is technically impossible to make the website available free of errors of all kinds and therefore Care.com Europe GmbH does not in any way assume any responsibility in this regard,
  • Errors can lead to occasional shutdown of the websites,
  • The availability of the websites is dependent on conditions and services which are beyond the sphere of influence of Care.com Europe GmbH, such as the transmission capacity and telephone connections between individual participants. Care.com Europe GmbH does not have responsibility for disruptions falling under this category.

Discussion Forums
If Care.com Europe Gmbh will offer discussion forums in its websites occasionally or over a long period, Care.com Europe GmbH expects that participants in these discussion forums shall uphold the usual communication rules such as mutual respect. Visitors may not disseminate or publish insulting, possibly derogatory, scurrilous, offensive, defamatory, or obscene materials or materials which injure the intellectual property rights of third parties.

Personal Data
Please note, in this connection, our data protection guidelines.

Users of the website which will open an account have the possibility of deleting their entire registration by sending a corresponding message using the contact form on the websites.

Concluding Provisions
If a provision of these terms of use is invalid or will become invalid, this will have no influence on the validity of the rest of the provisions. The invalid provision will be replaced by one whose operative content most closely approximates it. Complaints or violations of the above terms of use can be reported through the contact form on the websites or through MemberCareIE@care.com.