Terms and Conditions

A lightweight version of these Terms is available here (non contractual).
Last updated: August 14th, 2024.

We are The Toy Library CLG, (company registration number: 751311), and having its registered address at 2 Daffodil Way, Forest Hill, Carrigaline, Co. Cork, Ireland.

This document sets out the terms and conditions (“Terms”) on which you (“you” or “User”) may use:

“Agent” means The Toy Library (“The Toy Library”, “us”, “we” or “our”) website at www.thetoylibrary.ie.

The website facilitates the Give and Request of Items through the Platform.

Please read these Terms carefully before using the website. By using the website, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User. These Terms govern your access to and use of the website and constitute a binding legal agreement between you and The Toy Library. You are advised to print and retain a copy of these Terms for your future reference.

Section A contains general provisions which apply to all Users of the Platform and all sections of these Terms
Section B applies to Givers
Section C applies to Requesters

For the purposes of these Terms:

“Giver” means a person who Offers an Item or Items for free;

“Toys” means toys for children, of any type;

“Giving” means offering a toy or some toys for free to Users by listing them on the website;

“Platform” means the website’s software as a service platform;

“Request” means requesting a toy or some toys being given on the website; and

“Requester” means a person who Requests a toy or some toys;

In these Terms, unless the context requires a different interpretation:

the singular includes the plural and vice versa;
references to conditions are to conditions, of these Terms;
“including” is understood to mean “including without limitation”;
a reference to any statutory provision includes any modification or amendment of it;

SECTION A: GENERAL PROVISIONS

1. INFORMATION ABOUT THE TOY LIBRARY AND THE WEBSITE

The website is owned, managed, operated and maintained by The Toy Library CLG, (company registration number: 751311), and having its registered address at 2 Daffodil Way, Forest Hill, Carrigaline, Co. Cork, Ireland.

The Toy Library is an online platform operated by the Agent, which allows Users to Offer Toys on the Platform to other Users for free. The website also allows Users to search for Toys to Request.
Users can also create personal The Toy Library accounts (“Account”) and communicate with other users via private enquiries.
The Agent shall be entitled at its own discretion to suspend the website for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the website or Platform. The Agent shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the website, including, but not limited to, preventing you from using the Platform or using any of the Services available on the website.
The Agent reserves the right to make any changes to the website including any functionalities, content and Services or to discontinue any aspect of the same without notice to givers and requesters.
The Agent relies on third-party providers (such as network providers, data centres and telecommunication providers) to make and host the website and the content therein and the Services available to givers and requesters. Whilst the Agent takes all reasonable steps available to provide givers and requesters with a good level of service, givers and requesters acknowledge and agree that the Agent does not warrant that the website shall be uninterrupted or fault-free at all times. The Agent therefore shall not be liable in any way for any losses, damages, costs or expenses you may suffer as a result of delays or failures of the Services and website attributable to the Agent or its service providers.
The Agent may be contacted at 2 Daffodil Way, Forest Hill, Carrigaline, Co. Cork, or by email at: info@thetoylibrary.ie

2. GENERAL

The Agent reserves the right to use third-party suppliers or subcontractors at any time and in any way, in respect of the performance of its obligations under these Terms.
These Terms and any document expressly referred to in them represent the entire agreement between givers and requesters and the Agent in respect of givers and requesters use of the website, givers and requesters use of the Platform and the Services, and they shall supersede any prior agreement, understanding or arrangement between givers and requesters and the Agent whether oral or in writing.
Givers and requesters acknowledge that in entering into these Terms, givers and requesters have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the website, the internet or in negotiation between givers and requesters and the Agent except as expressly set out in these Terms.
The Agent may alter or amend these Terms by notifying givers and requesters by email or via the website. By continuing to use the Services and/or the website after notification, givers and requesters will be deemed to have accepted any changes or amendment to these Terms.
The validity, construction and performance of this agreement shall be governed by the laws of Ireland and givers and requesters agree that any dispute arising from it shall be litigated only in Ireland.

3. WARRANTIES

By registering givers and requesters details with Agent as givers and requesters, givers and requesters warrant that:
1.1. they are legally capable of entering into binding contracts;
1.2. they are at least 18 years old;
1.3. the information provided by givers and requesters to the Agent is true, accurate and correct. Givers and requesters further warrant that they shall promptly notify the Agent in the event of any changes to such information; and
1.4. givers and requesters are not in any way prohibited by the applicable law in the jurisdiction in which they are currently located to enter into these Terms for the use of the website and Services.

4. REGISTRATION

In order to browse items or complete a transaction as a Requester or Giver within the App, givers and requesters must first complete the registration form and set up an account as a The Toy Library User (“Account”).
All registered Users are able to use the website both as a Requester and a Giver, and are subject to the Terms in relation to Requester and Giver, as applicable.
When givers and requesters register with the Agent, they will be asked if they agree to these Terms, and agree to their personal data being used in accordance with the Agent's Privacy Policy.
The Agent may give givers and requesters the opportunity to invite friends by email, SMS, Facebook or WhatsApp to join the website. The Agent is not liable for any communication that givers and requesters make via such third-party applications, websites or other forms of media.
Givers and requesters shall keep their registration details for the website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to the Agent, the Agent reserves the right to promptly disable givers and requesters Login Details and suspend their access to the website in the event that the Agent has any reason to believe givers and requesters have breached any of the provisions in these Terms.
Notwithstanding the foregoing, the Agent reserves the right to:
6.1. accept or reject givers and requesters application to register for any reason; and
6.2. suspend givers and requesters Accounts and/or refuse them access to the Services and/or website (partly or wholly) if they breach any of the provisions in these Terms.
No action or inaction on the part of the Agent to exercise its rights in accordance with 4.6.1 and/or 4.6.2 shall be taken as an acceptance of any actions or inactions on givers and requesters part.

5. DONATIONS

Givers and requesters can make a financial donation to The Toy Library (“Donation”) via the website to help us in the Agent's mission of “sharing toys, caring for the environment”.
All Donations referred to in condition 5. are handled by GoFundMe through their website (https://gofund.me) will attract a payment handling fee determined by them.
When a Donation is made via the website, the transaction is final and not disputable unless unauthorised use of the givers and requesters payment card is proved. If they become aware of fraudulent use of their card, or if it is lost or stolen, they must notify their card provider in accordance with its reporting rules.
When givers and requesters submit their payment details, they are providing them directly to GoFundMe their payment data will be collected and processed securely by them. Givers and requesters should make sure that they are aware of GoFundMe’s terms and conditions, which are different from Agent's, to ensure that they are comfortable with how they will process their personal data before they make a Donation. Givers and requesters may find these on their website (https://www.gofundme.com/en-ie/c/terms-2)
These Terms apply separately to each single Donation that givers and requesters make and they do not form a contract allowing for future or successive transactions to be set up. By confirming on the website that givers and requesters wish to make a donation they agree to be bound by these Terms for that Donation.
If givers and requesters make an error in their Donation please contact the Agent by email at info@thetoylibrary.ie within 5 calendar days and, subject to Agent's review confirming the error, a full refund will be made to you.

6. USER OBLIGATIONS

Givers and requesters agree that they are solely responsible and liable for all activities carried out by their use of the website, including, but not limited to, for the content of any communication made when using or about the website.
Givers and requesters shall not upload to the website (through their use of the Agent's Services), any information, reviews, comments, images, third-party URL links or other material whatsoever in any format (“User Submissions”), whether within their personal Profile or elsewhere on the website that, in the Agent's reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
2.1. promotes racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
2.2. harasses or advocates harassment of another person;
2.3. displays pornographic or sexually explicit material;
2.4. promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
2.5. promotes any illegal activities;
2.6. provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
2.7. promotes or contains information that you know or believe to be inaccurate, false or misleading;
2.8. engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of The Toy Library; or
2.9. infringes any rights of any third party (including their intellectual property rights).\
Givers and requesters acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the website whether or not the submission of such User Submission is part of the Agent's Services. Givers and requesters agree that the Agent may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that givers and requesters make on the website.
Givers and requesters hereby grant to the Agent a non-exclusive, perpetual, irrevocable, worldwide, licence to display on the website, any User Submission or any part of the same and for the Agent to make the User Submissions available to other Users of the website.
If givers and requesters believe that any User Submission made by another User is incorrect or inappropriate, please report it using the website or contact the Agent using info@thetoylibrary.ie. The Agent shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, the Agent reserves the right in its absolute discretion to suspend a User Account in accordance with condition 4.6.2.
Givers and requesters further agree that at all times, they shall:
6.1. not use their Login Details with the intent of impersonating another person;
6.2. not allow any other person to use their Login Details;
6.3. not use the information presented on the website or provided to them by the Agent for any commercial purposes;
6.4. not do anything likely to harass, cause harm or distress to any other Users or Agent's employee;
6.5. not create multiple Accounts or create a new Account if they have previously been suspended and/or if they have been refused access to the Services and/or website for any reason;
6.6. not infringe any rights of any third parties (including their intellectual property rights);
6.7. comply with all instructions and policies from the Agent from time to time in respect of the use of the Platform, the Services and the website;
6.8. cooperate with any reasonable security or other checks or requests for information made by the Agent from time to time; and
6.9. use the information made available to them on the website and through the Services at their own risk.
In the event that givers and requesters have a dispute with any other User of the website, they hereby release the Agent from any claims, demands, losses, expenses and damages (whether direct, indirect, actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute and the Agent will have no liability or responsibility to resolve such dispute.

7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

Subject to conditions 7.6 and 7.7, if the Agent fails to comply with these Terms, the Agent shall be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If the Agent’s failure to comply with its obligations is not remedied in accordance with this clause 7.1, then the Agent shall only be liable for losses, damages, costs or expenses which are a reasonably foreseeable consequence of such failure (whether arising in contract, tort (including negligence) or otherwise), up to a maximum of one hundred euros (€100).
Givers and requesters acknowledge and agree that where the website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not attributed to the Agent nor are they endorsed by the Agent and, to the maximum extent permitted by law, the Agent y excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
Givers and requesters acknowledge and agree that the Services and/or the website have not been developed to meet their individual requirements and therefore, it is their responsibility to ensure that they meet their requirements.
Givers and requesters acknowledge and agree that the Agent is not responsible or liable for any adverse or unfavourable ratings or reviews posted by other Users about givers and requesters via the website.
The Agent does not routinely monitor or control any User Submission, or other information made available to givers and requesters through their use of the Platform, the Services and/or the website. Consequently, the Agent does not warrant or guarantee the accuracy, correctness, reliability or suitability in respect of any User Submission or any other information made available to givers and requesters through their Giving or Request of the Items, the Services and/or the App. The Agent cannot advise givers and requesters or assist them in making or refraining from making a decision, or in deciding on a course or specific cause of action. If givers and requesters intend to use and/or rely upon any User Submission or any other information made available to them through your use of the Platform, the Services and/or the website, they do so at their own risk and liability. If the Agent is made aware that a User Submission is incorrect, it may correct the User Submission as it sees fit. For example, if a wooden toy has been incorrectly labelled/categorised as a plastic toy.
Subject to condition 7.7, the Agent shall not be liable for losses (whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) that result from its failure to comply with these Terms that fall into the following categories:
6.1. consequential, indirect or special losses;
6.2. loss of profits, income or revenue;
6.3. loss of savings or anticipated savings, interest or production;
6.4. loss of business or business benefits;
6.5. loss of contracts;
6.6. loss of opportunity or expectations;
6.7. loss of goodwill and/or reputation;
6.8. loss of marketing and/or public relations time and/or opportunities;
6.9. loss of data;
6.10. loss of management or office time; or
6.11. any other losses howsoever arising.
Nothing in these Terms excludes or limits the Agent's liability for:
7.1. death or personal injury caused by its negligence;
7.2. fraud or fraudulent misrepresentation by the Agent; or
7.3. any other matter for which it would be illegal for the Agent to exclude or attempt to exclude its liability.
The Agent does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between givers and requesters and other Users. The Agent therefore recommends that givers and requesters take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including with regard to the Giving and Request of Items, with other Users.

8. COMPLAINTS

If givers and requesters wish to lodge a complaint about another User for breaching any of these Terms, they may do so by sending the Agent details of their complaint by emailing info@thetoylibrary.ie. The Agent will use its reasonable endeavours to respond to complaints within a reasonable time and to take reasonable action which it deems appropriate to attempt to resolve or rectify the subject matter of such complaints.

9. TERMINATION

The Agent may suspend or terminate givers and requesters use of the website or ban givers and requesters from using the website at its entire discretion, if:
1.1. any of the Agent's third-party communication network providers or any other third-party providers cease to make their services available to the Agent for any reason;
1.2. The Agent believes givers and requesters or someone using their login details has failed to comply with one or more of these Terms;
1.3. The Agent believes there has been fraudulent use, misuse or abuse of the Services and/or website;
1.4. The Agent believes givers and requesters have provided any false, inaccurate or misleading information; or
1.5. The Agent believes that givers and requesters use of the Services and/or presence on the website may cause harm or distress to other Users.
On termination, givers and requesters access to the website shall cease and the Agent may delete the Profile.
The Agent will notify givers and requesters that their Account has been terminated, banned or suspended, unless they repeatedly breach the Terms or the Agent has legal or regulatory reasons preventing them from notifying givers and requesters. If the Agent terminates givers and requesters Account, they will not have a contractual or legal right to continue to use the Services or the Platform.
Givers and requesters may delete their Account on the Platform at any time by either: (i) selecting the appropriate function in their Account settings on the website or (ii) emailing the Agent to request their Account to be deleted. If givers and requesters terminate their Account, they may lose any information associated with their Account, including their profile, any User Submissions and any related content.

SECTION B: REQUESTERS

1. INTRODUCTION

Upon registration as a User and in consideration of your compliance with Terms, the Agent will provide you with the Requester Services as described in this section.

2. REQUESTER SERVICES

Subject to condition 1.5 of Section A above, the Requester Services will comprise of the following:
1.1. the facility to create a Profile page (including a photo) which can be accessed by Givers;
1.2. the ability to search for Items offered by Givers who have registered with the website;
1.3. the ability to communicate with other Givers using the website;
1.4. access to any other features and functionality for the Requester Services provided by the Agent to Requesters from time to time.
The Requester acknowledges and agrees that all transactions are subject to acceptance by the Givers. The contract for fulfilment of a transaction is created between the Requester and the Giver, which will only be formed once the Requester has received such acceptance. The Agent is not a party to such contract nor is it responsible for either party’s performance under such a contract and the Agent makes no guarantee that the obligations of either party under the contract will be fulfilled.

3. ADDITIONAL OBLIGATIONS AS A REQUESTER

The Requester must at all times use the Requester Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
As a Requester, you are responsible for:
2.1. ascertaining the identity of any Givers;
2.2. ensuring you have sufficient information relating to any health & safety risks;
2.3. verification of all information provided by the Giver in relation to the conditions of the toy or toys that are being offered.
In using the Requester Services, the Requester must:
3.1. not provide information (including in the Requester's Profile) which the Requester knows to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; and
3.2. immediately notify the Agent in the event the Requester has any reason to believe or suspect that a Giver has breached any of the terms set out in Section A and/or Section C of these Terms.

4. ADDITIONAL EXCLUSION OF WARRANTIES

The Requester acknowledges and agrees that the Services provided by the Agent are limited to providing the Requester with a forum to attempt to source Items and connect the Requester with Givers. When the Requester uses the Requester Services, The Agent does not warrant or guarantee:
1.1. that the Requester will find Items suitable to their specific preferences;
1.2. that the Givers’ Profiles are genuine;
1.3. that any information or documentation made available on an Giver’s Profile is authentic, valid, accurate or otherwise complete; or
1.4. the identity of the Giver using the website.
The Agent is not responsible in any way for the quality or supply of any toys listed by Givers. Such toys are to be provided by the Givers on terms and conditions as may be agreed between the Requester and the Giver.
In the event of a dispute between the Requester and any Giver, or if the toys provided by an Giver are not provided to a satisfactory standard or at all, the Requester agrees that the Agent is not liable, including but not limited, to any loss, damages, costs or expenses or personal injury suffered or incurred by the Requester in the course of receiving such Items from a Giver, and the Requester releases and holds harmless the Agent from anything the Requester may suffer or any liability in relation to such dispute.

SECTION C: GIVERS

1. INTRODUCTION

Upon registration as a User, in consideration of your compliance with these Terms, The Toy Library will provide you with the Giver Services as described in this section.

2. GIVER SERVICES

Subject to condition 1.5 of Section A above, the Giver Services will comprise the following:
1.1. the facility to create a Profile page (including a photo), which can be accessed by Requesters;
1.2. the ability to list Items available for giving;
1.3. the ability to specify when you are able to share Items to Requesters and at what location and preferred times;
1.4. any other features and functionalities of the Giver Services provided by the Agent to the Giver from time to time.

3. ADDITIONAL OBLIGATIONS AS A GIVER

By choosing to be an Giver and to list and share your Items to Requesters through the App, in addition to the general obligations set out in section A of these Terms, the Giver agrees that all information submitted by the Giver, the supply of the Items, and any other information provided or comments made to Requesters through the Platform, must:
1.1. be accurate, correct and up-to-date;
1.2. not commit an offence by adding for giving any item that is not a toy;
1.3. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations;
1.4. not be obscene, defamatory or be in the reasonable view of the Agent deemed to be offensive and/or inappropriate; and
In using the Giver Services the Giver must:
2.1. at all times keep all information including, communication and correspondences between the Giver and the Requesters secure and confidential;
2.2. ensure the Giver's use of the Giver Services is personal to the Giver; and
2.3. immediately notify the Agent in the event the Giver hasany reason to believe or suspect that a Requester has breached any of the terms set out in Section A and/or Section C of these Terms.
The Giver further acknowledges and agree that the Agent may, at its sole discretion, immediately remove the Giver's Profile from the website where it reasonably considers that such Profile, any information the Giver has uploaded or Items provided, no longer meet the standards that the Agent requires of its Givers on the website, at its absolute discretion.
Failure by the Agent to exercise its rights under condition 19.3 should not be taken as acceptance by the Agent of any failure on the Giver's part to comply with these Terms.

4. ADDITIONAL EXCLUSION OF WARRANTIES

The Giver acknowledges and agrees that the Agent only provides the Giver with the facility to give and share Items to Requesters by providing the Giver with the Giver Services. The Agent does not warrant, represent or guarantee that the Giver will find any Requesters to share toys with or achieve any specific results whatsoever.
The Giver further agrees that the Agent does not vet or verify the identity of the Requesters on the website. Consequently, the Agent does not warrant or guarantee:
2.1. the completeness, correctness and accuracy of any Requester’s Profile;
2.2. that any transactions made by Requesters are genuine; or
2.3. the identity of the Requesters using the website.
The Giver further acknowledges that the Agent has no control of and therefore has no liability whatsoever in respect of the behaviour, responses and quality of the Requesters on the website.
The Agent provides the Giver Services solely to connect Givers with Requesters who may be seeking to Request Items from the Giver. The Giver acknowledges and agrees that the Giver is solely responsible for all communication and any subsequent dealings with Requesters. The Giver, shall hereby indemnify the Agent in full and on demand against all losses, damages, costs, claims and expenses that the Agent incurs in connection with any of the Giver's dealings with Requesters, or with any Items the Giver supplies to Requesters, including such losses and damages incurred by the Giver in respect of sickness, disease or death of any Requester arising out of the Giver's acts, negligence or omissions in the process of giving toys via the website.

5. AMENDMENTS

The Agent may change, remove or add services and features to The Toy Library Supporter from time to time. The Agent may also start charging Subscription Fees to use the website for giving and requesting toys due but not limited to:
1.1. external costs associated with the provision of The Toy Library Supporter and increased administration costs;
1.2. inflation;
1.3. amended legislation, regulation or practice; and/or
1.4. changes to and/or discontinuation of the features or services offered in the website.
Givers and requesters acknowledge the Agent's right to make such changes;