The Sydney Library of Things

The Sydney Library of Things Incorporated (TSLOT) Liability Waiver
Registration Number:  INC2100221

 

I ______________________________________ (print name), that in consideration of being able to borrow an item, I make the following covenants, statements and representations:

 

1.       I am over 18 years of age and I have read, understood and agreed to TSLOT Borrowing Terms and Conditions and acknowledge my borrowing rights may be revoked if I do not comply with those terms.

2.       I will ensure I am informed about the safe and appropriate use of any item I am borrowing before using it and I will use the item I am borrowing in a safe and proper manner.

3.       I agree that I will not: 
(a) permit the item to be used by any person who is not, experienced or trained to use the item; 
(b) operate or use the item or permit them to be operated or used in violation of law or used to commit a violation of law; and/or
(c) operate, use, maintain or store the item in a manner likely to cause damage to the item.

4.       I acknowledge the item may be second hand and may not come with an original instruction manual. I acknowledge and agree that it is my responsibility to inform myself as to the safe and appropriate method of use for the item I borrow and that TSLOT accepts no liability whatsoever for any loss or injury suffered as a result of incorrect or unsafe use of any item I borrow.

5.       I acknowledge the risk that use of a borrowed item may be dangerous and could result in accidents happening and I accept, on behalf of myself, my successors and assigns, I will use the item at my own risk and take full responsibility for any loss, damage and/or injury (including death) which may be sustained in any way connected with my use or loan of any TSLOT item. I hereby assume, to the extent permitted by law, all risks of loss, damage or injury (including death) which may be sustained by me which are in any way connected with my use or loan of any TSLOT item. 

6.       I acknowledge that TSLOT and its officers, committee members, employees, volunteers, agents, contractors, successors and assigns (TSLOT Representatives) do not make any representations or warranties that the item provided will be fit for any purpose for which they could be supplied or used. I accept, on behalf of myself, my successors and assigns, that any representation or warranty, express or implied, is excluded to the full extent permitted by law.
 

7.       I agree that in no event will TSLOT or TSLOT Representatives be liable for:
(a) loss, liability, damage, cost or expense, personal injury, death or infringement of third party rights;
(b) any special, indirect or consequential loss; and/or
(c) damages compromising or resulting from loss of data, business, revenue or profit however caused, to the full extent permitted by the law.

8.       I agree, on behalf of myself, my successors and assigns, to indemnify and keep indemnified TSLOT and TSLOT Representatives against any present or future claim, loss, liability, damage, cost or expense which may be incurred by TSLOT or any or all of TSLOT Representatives as a result of any act, matter or thing done, permitted or omitted to be done by me or which is in any way connected with my use or possession of any TSLOT item.

9.       The terms of the Liability Wavier are severable and do not invalidate the remaining terms should a term or terms be found to contravene the governing law and jurisdiction.
 

10.     I affirm that the above information is current, true and correct.

The Sydney Library of Things Incorporated (TSLOT) Borrowing Terms and Conditions
Registration Number:  INC2100221

 

 

Part 1 Membership Eligibility                           1.1     Membership generally

(1)        Members must be aged 18 or over to borrow items from The Sydney Library of Things Incorporated (TSLOT).

(2)        Prior to borrowing items, a Member must:

(a)   complete and submit a membership application online through the TSLOT website        (www.thesydneylibraryofthings.org.au);

(b)   pay the membership fee as set out on the TSLOT website;

(c)   agree to these Borrowing Terms and Conditions;

(d)   sign and submit the TSLOT Liability Waiver Form. Members may not borrow any items until they have signed a TSLOT Liability Waiver Form;

(e)   have their identity and residence confirmed by the TSLOT. Verification is accomplished by the presentation of a current drivers licence / Government issue 18+ ID card, together with a utility bill / bank statement issued within the previous 3 months, both displaying the same address, plus (if applicable) any necessary concession documents.

(3)     The Member agrees to read and fully understand the rules, these Borrowing terms and conditions and policies as displayed on the TSLOT website (including the Liability Waiver Form) before joining and borrowing items. The Member understands that failure to comply with any of these rules and policies may result in revocation of membership without refund and/or legal action against the Member.

(4)     Members are only entitled to borrow items from TSLOT while they maintain a fully paid-up membership. Once a Member’s subscription term has expired, they will be required to renew their membership via the steps listed above before resuming borrowing.

(5)     Where a Member is utilising a membership of a NFP Organisation/Charity, they must demonstrate that they are a listed authorised representative of that organisation.

 

2.1    Borrowing and Return of Items

(1)        Members may borrow up to five items at one time. Items may be reserved in advance via the online catalogue. A defined set of multiple items identified with a single inventory number is considered to be one item.

 

(2)        Borrowing term is for a maximum period of 7 days. For items borrowed on a Saturday, they must be returned no later than 10.30 am on the following Saturday.

 

(3)        Items may only be collected and returned during the TSLOT stipulated opening hours as set on the TSLOT website.

 

(4)        Renewals may be possible, but the Member must be prepared to return the items by the return time set out above.

(5)        Items for return must not be left unattended outside the TSLOT premises or elsewhere.

 

(6)        Members borrowing multiple items may be requested to defer borrowing of certain items based on demand.

 

(7)        TSLOT cannot guarantee that all reserved items will be available for collection. TSLOT will endeavour to contact you as soon as practicable if your reserved item(s) is unavailable.

 

(8)        TSLOT reserves the right to refuse the loan of any item at its discretion.

(9)        A limited number of inventory items may attract an additional borrowing fee due to insurance premiums or high replacement value and are listed as such on the TSLOT website. Additional borrowing fees are payable at the time of collection and are non-refundable.

(10)      The Member agrees to return items on time and be responsible for any fines or late fees. The Member understands that failure to do this may result in the cancellation of membership without refund, or suspension of borrowing until overdue fees are paid.

 

(11)      Members will be charged the following late fees for each item kept past the return ate. The fee is $1.00 per day for hand tools/items/equipment and $3.00 per day for power tools. Fines must be paid in full before borrowing any additional items. Note: Items can only be returned during stipulated opening hours and late fees accumulate daily regardless.

 

(12)      TSLOT reserves the right to use appropriate steps to retrieve delinquent items or unpaid fines and fees, including the use of a collection agency and/or legal action, and require the delinquent Member to pay the costs of any such action. TSLOT also reserves the right to forgive fees due to special extenuating circumstances.

(13)      TSLOT may replace severely delinquent items (over 30 days), including lost or stolen items, holding the Member responsible for the full replacement cost of the item.

(14)      All items are to be returned in the same (or better) condition as they were issued, barring normal wear and tear. All items must be returned clean and dry.

 

(15)      Immediately upon request, a Member must pay:

(a)   the replacement cost for an item not returned to TSLOT for any reason,

(b)   all costs incurred in cleaning any item which is returned in an unclean state;

(c)   the full cost of repairing and damage to an item;

(d)   any fines payable pursuant to these borrowing terms and conditions; and

(e)   all costs associated with recovering possession of any item (including legal costs);

(16)   The Member acknowledges that they are responsible in the event of any loss or theft of an item.

(17)   Without limiting TSLOT ability to recover all amounts owing to it, the Member authorises TSLOT to charge any amounts owing by the Member to any credit card or account details of which are provided to TSLOT.

 

 

(18)      Failure to comply with the requirements as set out above can trigger a cancellation of membership with no refund of remaining fees.

 

 

3.1    Use of Items

(1)        Only the individual Member borrowing the item is authorized to use the TSLOT items. The Member shall not permit the use of items checked out by any other person unless that person lives at the same residential address and is informed about the use of the item in a safe and proper manner before use. TSLOT reserves the right to cancel a membership without refund or refuse borrowing for a Member who is allowing their borrowed items to be used by other individuals or groups.

(2)        The Member retains responsibility for the item at all times including the correct and safe usage of the item and for any breakage, loss, or damage. By taking possession of any item, the Member is certifying that they are capable of using that item in a safe and proper manner.

 

 

(3)        The Member warrants that the items are only to be used for private, household activities, and not for making works or products, or providing services that will be available for sale to other parties.

(4)        Members agree to satisfy themselves prior to using the item that they are suitable for the Member’s intended purpose and to conduct a thorough hazard and risk assessment before using the item.

(5)        The Member must agree to use the item including any associated or attached tools, accessories and parts available for hire/purchase in a proper manner and in a way in which the items were designed to be used and in accordance with any manufacturer’s instructions or information on the TSLOT website.

(6)        The Member agrees that if any borrowed item becomes unsafe or in a state of disrepair, they will immediately discontinue use of the item and notify TSLOT of the issue on return, if not earlier.

(7)        Members must not attempt to repair or tamper with any TSLOT item without prior written approval from TSLOT.

(8)        The Member agrees that TSLOT is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed items.

 

(9)        Members borrowing electrical equipment, must first safety check the item and any visible wires and plug for any damage before use. Electrical items have a dual insulating cover to the wiring and if any coloured wires are visible either through, or at the ends of the outer insulation do not use the item and notify TSLOT on return of the item or before.

(10)      The Member agrees to operate any power tool with an adequate power source.

 

(10)      If Members are using the item outside, moving it about, or using it in circumstances where it may encounter water, anything sharp, or other electrical wiring, Members are recommended to use an RCD and operate the tools with an adequate power source.

 

 

4.1    Transport

(1)            Wherever a Member is moving items, they must ensure the safe loading, securing, and transporting of all items in accordance with all laws and manufacturer’s guidelines. Members must observe any safety directions advised by TSLOT and/or the manufacturer of the item to ensure its safe loading and handling.

 

5.1    Privacy and Acknowledgement of Data Collection

(1)            TSLOT commits to taking as much care as is reasonably possible in protecting Members’ personal information online.

(2)            TSLOT uses MyTurn to power its online catalogue. Google Drive by Google to store files and information. TSLOT uses Stripe to collect online payments. The privacy and/or data security policies of these providers are linked below*.

(3)            The Member understands that by applying for membership online and using the TSLOT web-based catalogue and payment gateway providers, they are submitting personal data at their own risk and that TSLOT is not liable for any breaches of Member’s privacy or abuse of Member’s personal information by any other party.

 

* 3rd-party privacy and/or data security policies
The privacy policy of MyTurn is available at https://myturn.com/privacy/
The information security practices of Google are available at http://www.google.com/policies/privacy/#infosecurity
The privacy policy of Stripe is available at https://stripe.com/us/privacy/

 

6.1    Updates To This Document

(1)        TSLOT will notify current members by email of any changes to the Borrowing Terms and Conditions.               It is up to the Member to check the TSLOT website prior to borrowing any items to check for any changes to these terms and conditions.  However TSLOT agrees that changes to these Borrowing Terms and Conditions will not apply with respect to a loan period commenced prior to the date and change took place.

Current as of 14 June 2021