Membership Terms & Conditions

Last Reviewed: February 2025

Preamble

Members are at the heart of Maroondah Toy Library (‘the library’). This policy outlines the terms and conditions of membership, a clear understanding of which will support a positive and safe working relationship between the library, its staff (paid and volunteer) and its members (you).

General

In applying for membership of Maroondah Toy Library Inc, you are subject to its incorporated association rules (the rules). You accept and agree to abide by and be bound by these rules and guidelines.
You indemnify the Library, its committee, members and staff against all loss or liability, however caused, arising from any borrowing of any toys or other items.
You agree to receive communications by email, phone or SMS including notices of rosters and meetings.
Cessation of membership and associated rights will occur 2 months after expiry of membership without receipt of renewal fees.
Where your membership has ceased, the Library reserves the right to continue to contact you until you have:
1. returned all toys
2. completed all duties or paid relevant duty levy
3. settled all monies owed
Ceased memberships with outstanding conditions as per item 5 cannot be reactivated until the conditions are met.
If you are required to contact the Library, contact should be made by email to enquiries@maroondahtoylibrary.org.au.
Current fees and charges can be found on the Maroondah Toy Library Website.
In some circumstances, fines may be reduced or waived at the discretion of the committee.
Payment plans and pro-rata memberships may be available on request and will be referred to the committee for review.
You must ensure helmets and appropriate footwear are worn when riding toy library balance bikes or scooters. It is your responsibility to provide a helmet and ensure it is worn during use.
You agree to the terms of the Waiver, Release and Indemnity for Bicycles and Scooters document which can be found on the Maroondah Toy Library Website.

Borrowing and Returning

You are entitled to borrow up to the number of toys associated with your membership category at any one time.
When borrowing, 2 puzzles count as 1 toy.
In addition to the above entitlements, 1 Duty Toy can be borrowed per completed duty, or 3 times per year for Premium members.
A pro rata fee can be applied to upgrade a membership during the membership term.
The loan period for General collection and Duty toys is 21 days. Toys must then be returned or General collection toys can be renewed for a further 21 days only.
The loan period for Party Hire toys is 8 days.
Toys from the Party Hire or Duty collections cannot be renewed.
Overdue toys will attract fines as specified in the Table of Fines, located on the Maroondah Toy Library Website.
If toys are overdue, you will not be able to borrow any more toys until all toys are returned and any outstanding fines are paid.
Where you owe the Library more than the borrowing suspension threshold stipulated in the Table of Fines, (in any combination of overdue fines, missing parts fines, duty levies, unpaid party hire and toy replacement or repair charges) your borrowing rights will cease until paid.

Care of Toys

You are responsible for the toys you borrow. This includes but is not limited to checking the toy when it’s first borrowed, the correct use of the toy, the age of the child playing with the toy, taking care with small parts and magnets, and taking care to ensure toys aren’t left outside in the elements.
You are required to check toys to ensure that all pieces are present and undamaged before being used. If there are any missing or damaged pieces that are not noted on the bag, you must notify the Library within a week of borrowing, otherwise you will be liable for the fines associated with missing or damaged pieces.
Toys need to be returned in the condition that they were borrowed and with all pieces intact and the toy cleaned as outlined in our cleaning guidelines. Fabric items such as cloth bags and costumes must be gently washed and allowed to thoroughly dry before being returned.
You will not incur charges for your first 5 (non-essential) missing pieces. However, a non-refundable missing piece fine will be charged for each missing piece from the 6th piece onwards.
All missing puzzle (C) and game (M) pieces, battery covers, toy packaging (tubs and bags) and any essential pieces listed on the label are considered essential pieces.
In the case of an essential piece being lost, you will be asked to reborrow the toy at the discretion of staff or pay a refundable essential piece fine.
If the fine is paid, the toy will be kept in the library storage area for 3 months – if the missing piece is returned, the essential piece fine will be refunded. If the piece is not returned within 3 months, the fine will become non-refundable and will be used to cover the purchase of a new toy. Where the value of the toy materially exceeds the missing piece fine, you may be required to pay the toy’s replacement cost.
Where an entire toy is lost, you will be liable for the full replacement charge for the toy.
Any toys broken (damaged in a way which affects safety or play value, such as toys chewed by a pet, drawn on, or stained) due to reasons other than fair wear and tear will be referred to our committee for assessment, and a repair or replacement charge will be applicable. If the damaged toy is returned, the replacement charge may be reduced to 50% of the current retail replacement cost of the toy, at the discretion of the committee. Where the toy is not returned, you will be liable for the full replacement cost of the toy.
You must not repair any toys or replace any pieces. Where you have repaired a toy without agreement from the Library, you will be liable for the full replacement cost of the toy. This is due to the strict criteria toys need to adhere to in order for the library to maintain required safety standards.

Duty

You are required to complete the number of volunteer duties associated with your membership category per 12 month membership, unless you have joined as a Premium member. All non-premium members are offered a discounted membership rate in exchange for completion of duties. Members in these categories agree to pay a duty levy for each duty not completed within the 12 month membership period.
You are responsible for signing up for duty shift/s via the Mibase portal. You may complete multiple shifts per term or day. Duty can be completed by a nominated person other than the person named on the membership.
Where you become unavailable for a rostered duty, you are required to remove yourself from the roster as soon as possible. If you need to cancel your duty within 48 hours of a session, you should notify the library via email to enable others to fill the shift.
Where you fail to notify the library at least 30 minutes prior to the start of your rostered duty that you are unable to attend, a duty levy may be applied to your account.
If no duty has been completed for 6 months, and 2 or more duty sessions are required, and no upcoming bookings have been made, your borrowing rights will cease until duty has been completed or a duty levy has been paid. Where you are in the last 3 months of your membership, all duties will need to be booked or duty levies paid to enable continued borrowing.

Refunds, Suspensions, Transfers of Membership Rights and Operating Hours

Membership fees must be paid in advance and you are not entitled to transfers (to another toy library) or refunds if you move away or cease using the library for any other reason.
In exceptional circumstances, you may request a pro-rata refund – such requests will be referred to the committee for consideration.
Pro-rata memberships may be transferred to another member upon return of all toys and settlement of any unpaid fees (including but not limited to duty levies, late fees and missing or damaged piece fees).
If a “Click and Collect” service is running in lieu of face to face borrowing, you may submit a request for a membership suspension for a term of 3 or 6 months. The request must be in writing and will only be considered upon return of all toys and settlement of any unpaid fees or fines.
The library reserves the right to close for up to four weeks per calendar year on top of closed public holidays without providing financial compensation to members.

Member Conduct

Staff and volunteers at the library have a right to a safe workplace free from aggression and any sort of abuse. Library rules and procedures have been carefully designed and implemented to protect staff, members and the property of the library.
You must treat staff with respect and adhere to rules, policies and directives of staff and duty volunteers.
Members who engage in aggressive, deliberately non-compliant or abusive behaviour may be asked to leave the library and may have their membership terminated.

Ending a Membership

The library retains the authority to end the membership of individuals who violate the terms and conditions of membership. Where breaches are serious in nature or consistent over a period of time, reasonable efforts on the part of the library will be made to communicate with you and to provide support in adhering to the terms and conditions. Where reasonable efforts do not result in adherence, membership may be terminated subject to committee approval.
You may cancel your membership by providing written notice at any time. Any incomplete duties fees will be calculated at a pro-rata rate and these and any other unpaid fees must be paid at this time.

WAIVER, RELEASE & INDEMNITY FOR BICYCLES & SCOOTERS:

The Maroondah Toy Library (‘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.

REFER A FRIEND PROGRAM:

The Maroondah Toy Library Refer a Friend Program (“Program”) allows current members to refer new members to join the Maroondah Toy Library and receive benefits. By participating in this Program, both the referring member and the new member agree to comply with the following terms and conditions.

The Program referral period is until September 30, 2024.

New Members: To qualify for the Program, the new member must:

Not have been a member of the Maroondah Toy Library in the past 12 months.
Sign up for a 12-month membership.
On sign up, under How did you find us? Select “Refer a Friend Promo”. Enter the existing members name and member number (if known) in the comment.

The new member will receive $15 off their 12-month membership fee.

Referring Members: Current members of the Maroondah Toy Library who refer new members.

The referring member will receive a $15 credit applied to their next 12-month membership renewal.
There is no limit to the number of referrals a referring member can make. Referring members can continue to refer new members and accrue $15 credit for each successful referral.
The credit can only be applied to the referring member's membership renewal.
The credit cannot be used for any other fees, levies, or charges within the Toy Library.
If the accumulated credits exceed the renewal fee, any remaining credit will be carried over to subsequent renewals.
Staff and committee members are excluded from receiving the referral credit.

General Conditions

The Toy Library reserves the right to modify or terminate the Program at any time without prior notice.
Any abuse of the Program, including but not limited to fraudulent referrals, will result in disqualification from the Program and forfeiture of any credits earned.
The Toy Library is not responsible for any disputes arising between referring and referred members.
Participation in the Program constitutes acceptance of these terms and conditions.
The Toy Library's standard membership terms and conditions apply to all members, including those participating in the Program.

Contact Information

For any questions or concerns regarding the Program, please contact us at enquiries@maroondahtoylibrary.org.au.

By participating in the Maroondah Toy Library Refer a Friend Program, you acknowledge that you have read, understood, and agree to these terms and conditions.