Terms and Conditions of Hire/Membership

General T&C Community
Toolbox

Members must be age 18 or over to
borrow items from the Community Toolbox. Community Toolbox may be referred to
as "CT" for the purpose of this Agreement.

 

Only Members of CT are eligible to
borrow items. Prior to borrowing items, all Members must (a) complete a
Membership Application Form; (b) sign the Liability Waiver and Indemnification
Form; and (c) have their residence confirmed by a CT volunteer or member of the
staff (d) Pay the Membership Fee. For CT Active Volunteers the Membership Fee
is waived.

 

Items have a fee for borrowing. These
fees will be listed on CT’s website and our lending platform. The borrowing
fees must be paid prior to borrowing items from CT. Borrowing fees pay for
Staff, item maintenance, replacement parts, new items and upkeep of CT’s
facilities.

 

CT staff are available to assist in
explaining the operation of items, and can provide any available manuals upon
request. However, by taking possession of any item, the Member warrants and
represents to CT that he or she (a) has no mental or physical incapacity that
would affect his or her ability to use the item safely , (b) is experienced in
using the item and (c) is capable of using the item in a safe and proper
manner.

 

Only the Member is authorised to use CT’s
items. The Member shall not permit the use of items checked out to him or her
by any other person unless by express permission of CT.

 

Items may only be reserved ahead up to
three (3) Months prior to the collection date. Reservations should be made
online or in written form and can either be emailed or dropped off at CT
in-person.

 

All items will have a daily or weekly
hire rate, but can be hired for longer periods in line with our managerial discretionary
fair usage requirement. Items may only be returned during CT opening hours.
Late returns will be charged at a minimum of the daily rate, for each item kept
past the loan period. All fines and fees must be paid in full before Members
can borrow additional items. We reserve the right to change late fees under
extreme circumstances.

 

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. A £5 cleaning fee will be assessed if the
items are returned dirty. The Member agrees to pay for the loss of or damage to
any item and while normal wear and tear is to be expected, it does not
necessarily exempt CT members from accruing repair fees. The Member further
agrees to accept CT staff’s assessment of the condition of returned items and
staff’s assessment of fair restitution for damage, delinquency and/or loss of
items in part or in total. This restitution amount could equal replacement cost
of the item plus handling and processing fees items.

 

Members may renew each item for a
second period (a) if automatic renewal is possible online, and (b) no other
Member has reserved the item. In an effort to maximize availability of items CT
reserves the right to refuse or limit renewals.

 

The Member agrees that CT is not
responsible for any manufacturing defects in quality of workmanship or
materials inherent in any borrowed items. Each time you take an item out you
must check it visually before you take it, and make other checks for any faults
that you may be able to identify before using it. The Member agrees that if any
borrowed item becomes unsafe or in a state of disrepair, he or she must
immediately discontinue use of the item and notify CT on return. CT will only
be liable to you for loss or damage caused by our negligence in failing to tell
you about a known fault. We will not be liable for faults of which we are not
aware of, other than this CT exclude all liability for death or personal injury
caused by our negligence or breach of contract.

 

When borrowing electrical equipment,
the Member must check the visible wires and plug for any damage before use. If
the Member is using the item outside, moving it about, or using it in
circumstances where it may encounter water, anything sharp or other electrical
wiring, a circuit breaker must be used. The Member must take ALL necessary
precautions when using the borrowed item. Personal Protective Equipment should
be worn where appropriate, including but not limited to, eye protection, ear
protection, gloves, suitable footwear, etc.

 

If one Member borrows an item and, with
CT’s agreement, passes it on to another Borrower before it is returned to CT
and booked in, the first Member remains liable to CT for the return and
condition of the object until it is returned to CT. If a Member collects an
item from another Borrower with CT’s agreement, that loan will also be on the
terms of this Agreement.

 

Members may reserve items online or by
contacting CT. All items are first come, first served basis (unless the item
was reserved). Items can be checked out online; if they are not picked up by
the end of the following working day that CT is open, they will be put back in
circulation.

 

Borrower understands and accepts that
in an effort to maximise the availability of items to all Members, CT may send
emails as a reminder when borrowed tools’ return dates are approaching. When
items are not returned by the designated due date, CT will issue an overdue
notice by phone call, email, or letter. If the items are not returned after the
notice has been sent, appropriate steps will be taken to retrieve them,
including using a collection agency and/or legal action. Fines must be paid in full
before borrowing additional items.

 

CT reserves the right to limit the
amount of items borrowed, refuse the loan of any item or request for membership
at the staff’s discretion. We reserve the right to change these terms and
conditions at any time, and you agree to abide by the most recent version of
this Terms of Use Agreement each time you borrow from the Community Toolbox.

 

The signing Member affirms that the
information provided on the Membership Application is current, true, and
correct. He or she understands that this information may be subject to
verification. He or she also understands that their email will be added to CT’s
mailing list and that they can unsubscribe from such newsletter at any time
while receiving it.

 

The signing Member further states that
he or she has read and fully understands the rules and regulations of CT. He or
she understands that failure to comply with any of these rules may result in
revocation of their borrowing privileges and/or legal action against them. The
signing Member has read and signed a Waiver and Indemnification form,
relinquishing any and all claims against CT.

 

Please check the box and add your
signature to the space provided on the Membership Form, acknowledging that you
have read and agree to CT’s Item Use Policy.

Liability Waiver and
Indemnification Form

The items in our collection are for the
use of Community Toolbox (CT) members. Out of respect for future users, please
take care of the items you borrow and report any damage to CT immediately.
Though borrowers are responsible for the damage that they have caused, we
promise not to be angry. If you feel compelled to return them in better
condition than when you borrowed them, that would be highly appreciated!

 

Your Statements – READ THIS CAREFULLY
EVERY TIME YOU BORROW ANYTHING

 

I am capable and experienced in using
the items I am borrowing, and I will use the items I am lending in a safe and
proper manner. I know that the Community Toolbox, its partners, directors,
officers, members, volunteers and employees claim no expertise and make no
representation concerning the fitness of any item for any particular use.

 

I understand that I am solely
responsible for ensuring that the tools and/or equipment that I borrow are used
for the purpose for which it/they were intended, and I will do so in line with
the manufacturer’s instructions to which Community Toolbox have referred me. I
borrow these items on the condition of doing the aforesaid and thereby hold Community
Toolbox, its officers, employees and volunteers harmless for any damage to
personal property, death or injury to self or others through the improper or
negligent use of the tools and/or equipment, save for those which were caused
by a defect that was known or ought reasonably to be known to Community Toolbox
(such as having been notified of the defect previously and having neglected to
remedy it prior to the item being loaned out etc). I further agree to fully
indemnify Community Toolbox against any claim(s) for damages that arise from
the damage to or destruction of the property of any third party that arises
through the improper or negligent use of any tools or equipment borrowed from Community
Toolbox.

I agree to release, indemnify and hold
harmless Community Toolbox, its officers, agents, volunteers and employees from
any and all liability, loss, claims, demands, actions or causes of action for
the death or injury to any persons and for any property damage suffered or
incurred by any person which arises or may arise or be occasioned in any way
from the use or possession of items I am borrowing from Community Toolbox.

 

I have read and fully understand and
agree to the Borrower’s Agreement & Items Use Policy Community Toolbox. I
understand that failure to comply with any of these rules may result in
revocation of my borrowing privileges and/or legal action against me.

 

SHORT: I'm responsible for how I use
what I borrow, and I won't blame the team behind Community Toolbox for what I
do with the items.



Terms and conditions for our Giveaway competitions:


  • For
    the purposes of these Terms and Conditions, "The Promoter"
    refers to Community toolbox, a trading name of Dudley House Trust Ltd. The
    "Prize" refers to 1 x Tower Heritage Picnic Set and 1 x 50 cm
    square picnic table. Both items will be won by an individual winner as a
    set.

  • By
    entering the competition you agree to be bound by these terms and
    conditions. All entries must be received by 11:59 on 31/07/2024. One (1)
    winner in Great Britain (excluding Northern Ireland) will be selected
    at random by The Promoter on 01/08/2024 and the winner will be
    notified on or after this date.



  • The
    Promotors competitions with entry via Facebook are open only to residents
    of Great Britain (excluding Northern Ireland). One (1) winner will be
    chosen at random from all entrants and across all platforms.

  • No
    purchase necessary. Winners will not be required to pay to enter the
    competition.

  • Entrants
    must be over 18 years old on the date of their entry.

  • Employees
    of The Promoter are not eligible to enter.

  • Instagram
    or Facebook are not in any way affiliated or involved in the competition.

  • Only
    one entry per person per competition will be accepted.

  • Each
    entrant shall enter the competition via Facebook by sharing the post,
    liking our Facebook page and signing up as a member of Community Toolbox
    online (Free of Charge) at "Times New Roman";mso-fareast-language:EN-GB">
  • " target="_blank">https://community-toolbox.co.uk.
  • The
    Prize will be awarded to a randomly selected winner who has entered and
    fulfilled the conditions of entry. The Promoter will not be held liable if
    the named prize becomes unavailable or cannot be fulfilled.

  • The
    Promoter will not be held liable for any failure of receipt of
    entries. The Promoter takes no responsibility for any entries which are
    lost, delayed, illegible, corrupted, damaged, incomplete or otherwise
    invalid.

  • To
    the extent permitted by applicable law, The Promoter’s liability under or
    in connection with the competition or these terms and conditions shall be
    limited to the cost price of the Prize in question.

  • To
    the extent permitted by applicable law, The Promoter shall not be liable
    under or in connection with these terms and conditions, the competition or
    any Prize for any indirect, special or consequential cost, expense, loss
    or damage suffered by a participant even if such cost, expense, loss or
    damage was reasonably foreseeable or might reasonably have been
    contemplated by the participant and the promoter and whether arising from
    breach of contract, tort, negligence, breach of statutory duty or otherwise.

  • Prizes
    are non-negotiable, non-transferable and non-refundable. No cash
    alternative is available. Where a Prize becomes unavailable for any
    reason, the promoter reserves the right to substitute that prize for a
    prize of equal or higher value.

  • The
    name, address, email address and phone number of the winner must be
    provided to The Promoter if requested and will be shared to enable
    fulfilment of the Prize.​

  • In
    the event of unforeseen circumstances beyond The Promoter’s reasonable
    control, the promoter reserves the right to cancel, terminate, modify or
    suspend the competition or these terms and conditions, either in whole or
    in part, with or without notice.

  • The
    Promoter's decision is final. No correspondence will be entered into.

  • The
    winner’s name and social media username may be posted on the social media
    profiles of The Promotor after the winner has been selected.



 



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