Pakenham and District Toy Library

TERMS & CONDITIONS

Pakenham & District Toy Library Inc.

TERMS & CONDITIONS

Membership:

  1. Membership in Pakenham & District Toy Library Inc. ("the Toy Library")is open to individuals residing in the designated area (Cardinia Shire andsurrounds).
  2. Membership requires completing the membership application andpaying the annual membership fee.
  3. Members must be at least 18 years old
  4. Membership is non-transferable.

Membership Responsibilities:

  1. Members are responsible for the proper care and handling of allborrowed toys.
  2. Members must return toys on time and in the same condition as theywere borrowed.
  3. Members are liable for any loss, damage, or theft of borrowed toys.
  4. Members must promptly report any damaged or missing toys to theToy Library.
  5. Membership includes two duty shifts per year, where members assist inthe operations of the Toy Library.

Toy Borrowing:

  1. Members may borrow toys from the Toy Library for a specified loanperiod.
  2. The number of toys that can be borrowed per membership may besubject to limitations.
  3. Toys must be checked out and checked in at the Toy Library duringoperating hours.
  4. Members are responsible for ensuring that borrowed toys are age-appropriate and safe for their children.
  5. Toys should be cleaned before returning them to the Toy Library.

Toy Library Operations:

  1. The Toy Library reserves the right to modify operating hours andborrowing policies, subject to reasonable notice to members.
  2. The Toy Library may temporarily suspend or terminate membership fornon-compliance with these terms and conditions.

Privacy and Data:

  1. The Toy Library will collect and store personal information provided bymembers for the purposes of managing membership and contactingmembers.
  2. Personal information will not be shared with third parties withoutmembers' consent, except as required by law or legal process.

Limitation of Liability:

  1. The Toy Library is not liable for any injury, damage, or loss resultingfrom the use of borrowed toys.
  2. Members assume all risks associated with the use of borrowed toys.

Termination:

  1. Membership may be terminated by either the member or the ToyLibrary upon written notice.
  2. Membership fees are non-refundable upon termination.

Safety:

  1. Members must use the resources provided by the Toy Libraryfollowing any safety instructions and directions provided.
  2. Resources should be used with adult supervision at all times, especiallyfor younger children.
  3. Members should only use the resources for their intended purpose asdesigned and manufactured.

Behaviour in the Library:

  1. Members are responsible for supervising their children at all times while on the toy library premises. Children must not be left unattended.
  2. All members, children, and visitors to the toy library are expected totreat others with respect, kindness, and consideration.
  3. Members are expected to cooperate with and follow the instructionsof the toy library staff and volunteers.

Pakenham & DIstrict Toy Library Inc.

ABN: 67 365 343 638

IAN: A0017292K

pakenhamtoylibrary@gmail.com


HELMET WAIVER

Pakenham & District Toy Library Inc.

WAIVER, RELEASE AND INDEMNITY FOR BICYCLE AND SCOOTERS

The Pakenham & District Toy Library Inc. ("Provider") is pleased to make bicycles and scooters available to subscribers ("the Service").

As a subscriber to the Service you acknowledge that there are dangers and risks inherent with bicycle and scooter riding (the “Activity”) to which any child under your supervision ("Your Child") may be exposed.

The Provider does not provide protective clothing or bicycle helmets and it is your responsibility to ensure that Your Child wears a helmet at all times and is otherwise appropriately attired when participating in the Activity. You agree that Your Child will participate in the Activity at your own risk. You also agree to voluntarily assume responsibility for supervising the Activity and any injury, death or property damage you or Your Child may suffer or cause as a result of participating in the Activity.

To the maximum extent possible at law, you (both in your personal capacity and on behalf of Your Child) agree to release, hold harmless and indemnify the Provider and its respective officers, employees, servants, agents and contractors (the “Indemnified Persons”) against all actions, claims, suits, costs, expenses, demands and damages suffered or incurred by the Indemnified Persons or any one or more of them by reason of, or in respect of, or in any manner whatsoever arising out of, or caused by, your use of the Service or Your Child's participation in the Activity.

You agree that you are subscribing to the Service on the express condition that the Provider:
(a) will, under no circumstances be liable or responsible in any manner whatsoever for any death, loss, accident, damage or injury to you, Your Child or any of your servants, agents, contractors, visitors or invitees or any other person whatsoever (“Related Party”) which may happen as a result of your use of the Service or Your Child participating in the Activity; and
(b) will not incur or be under any liability whatsoever to you, Your Child, or to any Related Party for any loss, damage or injury to or in respect of any of your property or of any Related Party’s property.

The Provider is not liable to you, Your Child or any Related Party in respect of any indirect or consequential loss. For the avoidance of doubt, ‘consequential loss’ means loss or damage arising from a breach of contract, tort (including negligence), under statute or any other basis in law or equity of an indirect or consequential nature including, but without limitation, loss of profits, loss of revenue, loss or denial of opportunity, loss of goodwill, loss of business reputation, future reputation or publicity, damage to credit rating and indirect, remote, abnormal or unforeseeable loss, or any similar loss whether or not in the reasonable contemplation of the parties.


Child Safety Code of Conduct

Staff, volunteers and contractors at Pakenham & District Toy Library Inc. are required to abide by this Code of Conduct.

Pakenham & District Toy Library Inc. recognises, respects and promotes its responsibilities to keep children safe from abuse, and commits to ensuring the safety of children as a first priority. We value diversity and will not tolerate child abuse or discriminatory practices.

The Code of Conduct aims to protect children and reduce opportunities for child abuse or harm to occur. It is intended to complement Pakenham & District Toy Library Inc.’s other related policies.

The Code of Conduct applies to the broad range of situations where interaction with children and young people may occur in the delivery of our services, including through digital technology and social media.

The President, will:

  • be responsible for the overall welfare and wellbeing of staff and volunteers
  • be accountable for managing and maintaining a duty of care towards staff and volunteers
  • act as our child safety officer to provide information and support to all staff, volunteers, children, young people and their carers regarding child safety matters.

All people involved in toy library services will:

  • work towards achieving the aims and purposes of the organisation
  • take all reasonable steps to protect children from abuse and harm
  • establish and maintain a child-safe environment for children and young people
  • be fair, considerate and honest in their dealings with others
  • work with children in an open and transparent way
  • treat children and young people with respect and value their ideas and opinions
  • encourage children to participate in matters important to them
  • act as positive role models in their conduct with children and young people and model appropriate adult behaviour
  • listen to children and respond to their needs appropriately
  • be professional in their actions
  • maintain strict impartiality
  • not exhibit behaviours with children which may be construed as unnecessarily physical
  • respect the privacy of children and their families and carers, and disclose information about them only to people who have a need to know
  • operate within the policies and guidelines of Pakenham & District Toy Library Inc., including adhering to the Child Safety Policy, at all times
  • report any allegations of child abuse to the President
  • contact the police if a child is at immediate risk of abuse (phone 000).

Staff, volunteers and contractors shall work to prevent discrimination and actively promote the participation and inclusion of all children, recognising in particular:

  • Aboriginal and Torres Strait Islander children and young people
  • children from culturally and linguistically diverse backgrounds
  • children with a disability
  • children who identify as lesbian, gay, bisexual or trans
  • children who are intersex, non-binary or gender diverse
  • children in and out of home care and the youth justice system.

Staff, volunteers and contractors shall not:

  • shame, humiliate, oppress, belittle or degrade children or young people
  • unlawfully discriminate against any child or young person, including because of age, gender, race, culture, vulnerability, sexuality, ethnicity, religion or disability
  • seek to use children in any way to meet the needs of adults
  • ignore or disregard any concerns, suspicions or disclosure of child abuse or harm
  • engage in any activity with a child or young person that is likely to physically or emotionally harm them
  • initiate unnecessary physical contact with a child or young person, or do things of a personal nature for them that they can do for themselves
  • be alone with a child or young person unnecessarily and for more than a very short time
  • develop a “special” relationship with a specific child or young person for their own needs
  • show favouritism through the provision of gifts or inappropriate attention
  • arrange contact, including online contact, with children or young people outside of the toy library’s activities
  • have unauthorised contact with children and young people in person, online or by phone
  • photograph or video a child or young person without the consent of the child and their parents or guardians
  • work with children or young people while under the influence of alcohol or illegal drugs
  • engage in open discussions of a mature or adult nature in the presence of children
  • use inappropriate language or behaviour, including discriminatory or oppressive language or behaviour, in the presence of children
  • do anything in contravention of the organisation’s policies, procedures or this Code of Conduct.

Consequences of breaching the Child Safety Code of Conduct

A breach of this Code of Conduct by a staff member, contractor or volunteer may result in disciplinary action being taken against them in accordance with our policies, including and up to termination of employment or cessation of engagement or membership with the organisation.

In addition, matters that indicate potential criminal conduct may be reported to police for investigation.

 

Authorisation

Dominique Gohr

7 2 2024

 

Pakenham & District Toy Library Inc.