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East Linton Tool Library - User Agreement, Tool Use Policy & Waiver of Indemnification
Before you can borrow tools, we need you to agree to the East Linton Tool Library user agreement.
Mission and Ethos
Giving everyone access to tools requires people to follow a few rules but it means we can enable more people to better their environment and potentially their lives. So we invite you to join other Members near you in agreeing to the terms below – which ensure that your Tool Library thrives both now and into the future to be a solid resource for our increasingly collaborative and resilient community.
Joining & Membership
Only Members are able to borrow tools from East Linton Tool Library.
To become a Member, you must:
Your membership will only be activated once your residence has been confirmed by an ELTL volunteer and your identity verified. Verification of your identity is accomplished by presenting, to a Tool Library volunteer, an official photo ID and a second form of identification that includes your current address. For clarity, until verified, members will not be allowed to check out tools.
We allow (and encourage) automatic renewal. You can renew your membership before it expires and extend it for another 12 months. This can be done online by logging in into your Tool Library account. You will receive notifications in advance of expiry/renewal to give you the opportunity to cancel or renew as you see fit.
Our volunteer team will be able to provide advice regarding the operation of tools. However, by taking possession of any item, you are certifying that you are capable of using that item in a safe and proper manner.
Only you, the Member is authorised to use ELTL tools. You shall not permit the use of items checked out to you by any other person unless by express permission of the Tool Library.
You agree that the Tool Library is not responsible for any manufacturing defects in quality of workmanship or materials inherent in any borrowed tools. If a tool breaks, becomes unsafe or is malfunctioning, you agree to stop using it. We want our tools used lots, but they will eventually break down. We won’t hold you responsible and will organise a replacement, but notify us of the issue on return, if not earlier.
Some tools require consumable parts (e.g. sanders have sanding pads, jigsaws have blades, etc). Please note they are not guaranteed to come with the tool. You may have to buy your own blades, sanding pads, etc. If they are provided, you should bear in mind that these consumable parts come at a cost, and should you use them, you should either replace them, or cover their cost.
The Tool Library reserves the right to refuse the loan of any item at its discretion.
You may renew each item once only if:
The Tool Library reserves the right to refuse or limit renewals and will do so based on demand. The exception to this may be items that are in particularly high demand (cordless drills or mowers in the summer for example).
Tools may be reserved in advance - Currently, not more than 31 days in advance.
All reservations are only effective once you receive a confirmation. Reservations are handled on a best-effort basis. If volunteers discover a reason why a reservation cannot be fulfilled we will contact you by email as early as possible.
All tools are to be returned in the same (or better) condition as they were issued, barring normal wear and tear.
All tools borrowed are to be returned to the Tool Library by close of business on their due date. Tools may only be returned during the Tool Library’s opening hours. Please return tools to the place they were borrowed from. Failure to do so will mean a delay in them being checked in and late fees being accumulated.
All tools must be returned clean and the Tool Library may charge the member £5 to cover the cost of cleaning if they are returned in an unsatisfactory state.
If a tool is returned late, you will be responsible for a late fee. We do not want to do this, but it makes members remember the next time. Other people are relying on you to return the tools, so please be considerate. This late fee will be £1 per day per tool for every day until the tool is returned. Late fees are capped at the full replacement cost of the tool plus a £5 administrative fee per tool. Late fees must be paid in full before borrowing further items. The Tool Library may replace severely delinquent tools, holding the Member responsible for the full replacement cost plus a £5 administrative fee. Fines must be paid in full before borrowing further items.
You agree to pay for the loss of or damage to any item through misuse, and further agree to accept the Tool Library’s assessment of the condition of items and further agree to the Tool Library’s assessment of fair restitution for damage, dirtiness, delinquency, and/or loss of items in part or in total. This restitution amount could equal the full replacement cost of the item plus a £5 administrative fee.
The Tool Library reserves the right to use appropriate steps to retrieve delinquent tools or unpaid fines and late fees, including the use of a collection agency and/or legal action and assess the delinquent Member with the cost of any such action. Under UK Law, ”borrowing without the intent to return” is theft. The Tool Library reserves the right to contact the police to retrieve tools if it deems such action appropriate. The Tool Library also reserves the right to forgive late fees due to special circumstances.
Return tools clean, on the day they are due back, to the place you picked them up from, during opening hours, use common sense when using the tools and tell us if there is any problem.
The borrowing of tools will be refused if a member is under the influence of any substances, legal or illegal.
Waiver of Indemnification
I do hereby state that I am capable and experienced in using the tools I am borrowing, and that I will use the tools I am borrowing in a proper manner. I do hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, waive any and all claims against East Linton Tool Library, its officers, agents, and employees for any injury or injuries of any nature that I may suffer or incur in the use of the tools that I am borrowing from East Linton Tool Library. I hereby for myself, on behalf of my successors and assigns, in consideration of being permitted to borrow tools, agree to release and indemnify and hold harmless East Linton Tool Library, its officers, agents, and employees from any and all liability, loss, claims, and 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 of tools I am borrowing from East Linton Tool Library. I am aware that East Linton Tool Library, its partners, directors, officers, members, and employees claim no expertise and make no representation concerning the fitness of any tool for any particular use. I affirm that the above information is current, true and correct and may be subject to verification. I further state that I have read and fully understand the rules and regulations of East Linton Tool Library and 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. I have read and signed this Waiver and Indemnification form, relinquishing any and all claims against East Linton Tool Library, its officers, agents, and employees.
I affirm that the information that I have provided on my account is current, true, and correct, and understand that this information might be subject to verification.
I further state that I have read and fully understand the rules and regulations of East Linton Tool Library, and 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.
East Linton Tool Library Covid-19 Update
As of May 18th 2021 our premises at The Mart, East Linton, will be open Tuesday 5-7pm and Saturday 10am-12midday.
Please follow these guidelines:
Thanks for your cooperation.
When is your personal data collected?
Personal data is collected:
when you sign up to become a member or a volunteer,
when you borrow tools and use our database,
when you register for our classes and events,
and when you sign up to receive our newsletter.
Why is your personal data collected?
The personal data that is collected is used for various purposes. For example, it is used by our volunteers and staff members to assess whether you meet the requirements to become a member or take part in our programme of events and classes; by our database provider to help improve the service they provide; and by our booking system provider to help us best communicate with you about any class or workshop you’re going to attend.
What information is collected when you sign up to receive our newsletter?
The personal information that East Linton Tool Library collects when you sign up to receive our newsletter is your first name, last name and email address. This is done via a third party organisation called Mailchimp.
We will only process that information to send you:
updates about the development of the East Linton Tool Library,
updates about our growing community of sharers,
and updates about our programme of events and workshops.
What information is collected when you book a ticket for an event, class or workshop?
The personal information that East Linton Tool Library collects when you book a ticket for an event, class or workshop is your first name, last name and email address. This is done via a third party organisation called Eventbrite.
We will only process that information to send you information related to your participation in that event, class or workshop. For example, we may send reminders or further details about the event you’re going to attend, or an invitation to send us feedback about the class you’ve just attended.
What information is collected when you become a volunteer?
The personal information that East Linton Tool Library collects when you apply to volunteer is:
your first name,
and any relevant legal requirements (like First Aid certificate or PVG Check).
We will only process that information when assessing whether you meet the requirements to volunteer. We also enter some of this personal information on different platforms that enable you to make the most of your volunteering journey. We are currently using email, Facebook, and WhatsApp to keep all our volunteers connected.
What information is collected when you become a member?
The personal information that East Linton Tool Library collects during the membership sign up process is:
address (including the postcode),
and date of birth
We also ask for a proof of address and a proof of ID to check that the information you’ve already provided is accurate, but we don’t keep copies of these in our files.
We will only process this information when assessing whether you meet the requirements to become a member and when renewing your membership. We also enter some of this information on different platforms that enable you to make the most of the Tool Library:
All personal information you provide when signing up to become a member will be added to our membership management system provided by a third party organisation called myTurn. You can view their Privacy Notice here: https://myturn.com/privacy/
Your first name, last name and your email will also be added to our mailing list system provided by another third party organisation called Mailchimp. You can view their Privacy Notice here: https://mailchimp.com/legal/privacy/
How will your information be kept?
All personal information you provide in hard copy form is kept under lock and key. All personal information added by us or entered by you on myTurn, Mailchimp or Eventbrite is password protected.
How will your information be used?
East Linton Tool Library may use the personal information you have provided in a number of ways. For example:
for legal requirements like health & safety regulations,
to contact you if we require further information regarding your sign up,
to keep you up to date with developments and changes within East Linton Tool Library,
to share updates about our programme of events and workshops,
to contact you regarding renewing your membership,
to enable us to make a decision about your participation in a class or event,
to inform you of the release of new tickets for a class,
to inform you of the decision to approve or refuse your membership or class registration,
to inform you of the decision to deactivate your membership.
East Linton Tool Library tries its best to provide advice and information to its community of members. We may use your contact details to provide you with general advice on what constitutes good practice in borrowing tools. For example, we may notify you when we are noticing a lot of late returns of tools within the community or to publicise awareness about new membership benefits.
Information held on myTurn and Mailchimp may be used for statistical purposes related to monitoring the effectiveness and impact of East Linton Tool Library. For example, we may use this information to identify how many members signed up recently or renewed their membership, and what our star (most borrowed) tool of the year is.
We may also use statistical or geographical information from our members. For example, this could be to help gather evidence for funding applications, or for research purposes to improve our understanding of the needs of our members. Information will be processed so that individuals cannot be identified.
MyTurn offers Tool Library regular members the option to pay membership fees and late fees online or in person with cash. East Linton Tool Library will not have access to members credit card details directly at all. These details are held securely by myTurn and a third party organisation called Stripe. You can view their Privacy Notice here: https://stripe.com/gb/privacy
East Linton Tool Library also offers a range of taught workshops. Registration is currently made available via another third party organisation called Eventbrite. You can view their Privacy Notice here: https://www.eventbrite.co.uk/support/articles/en_US/Troubleshooting/eventbrite-privacy-policy?lg=en_GB
How will your information be shared?
We won’t share any of your information with any third party organisations, except for myTurn and Mailchimp when you become a member as stated above.
ALSO your information might be shared with Police Scotland if we find you are not bringing back tools AND not answering any emails/calls/letters sent to the email, phone number and address you have provided us.
How long will your information be kept for?
“myTurn.com, pbc will retain and use your personal data to the extent necessary to comply with their legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
myTurn.com, pbc will also retain de-identified and aggregate Usage Data for internal analysis purposes. Usage Data is also used to strengthen the security or to improve the functionality of our Service, and when we are legally obligated to retain this data for longer time periods.”
Accuracy of Information held within our database
We want to make sure that any personal information we hold about you is accurate. You must provide accurate information when applying for membership. Once you are a member, you must ensure that the information held within the system remains accurate and up to date. You can update your information to reflect changes by logging into your account, or by notifying us in person of the change the next time you come in during our opening hours.
Your personal data rights
Under data protection law, you have rights we need to make you aware of. The rights available to you depend on the reason for processing your information. The General Data Protection Regulation (GDPR) provides the following rights for individuals:
The right of access – Individuals have the right to access their personal data. This can be done by logging in to your myTurn account or Eventbrite account to view your information, or by contacting us.
The right to rectification – Inaccurate personal data can be rectified, or completed if it is incomplete, by logging in to your myTurn account or Eventbrite account to view your information, or by contacting us.
The right to erasure – GDPR introduces a right for individuals to have personal data erased. However, because the data is necessary for us to gather information for funding applications, information will be held and retained within the data retention guidelines detailed above.
The right to restrict processing – Individuals have the right to request the restriction or suppression of their personal information. You can opt out of our mailing list, but we’ll still have to process your information to sign you up as a member.
The right to data portability – The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services, allowing them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. Doing this enables individuals to take advantage of applications and services that can use their data to find them a better deal or help them understand their spending habits. This can be done by logging in to your myTurn account or Eventbrite account to view your information, or by contacting us.
The right to object – GDPR gives individuals the right to object to the processing of their personal data in certain circumstances.
Rights in relation to automated decision-making and profiling – GDPR has provisions on automated individual decision-making (e.g., making a decision solely by automated means without any human involvement) to prevent any adverse automated decision-making.
We seek to ensure that the information and help provided on this website is up to date and accurate. However, this information does not constitute legal or professional advice and East Linton Tool Library cannot accept any liability for actions arising from its use.
Questions & concerns
If you have any further questions, you can contact us at email@example.com
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