Why these Terms exist

Borrowing between neighbours, friends, and community members is built on trust. These Borrowing & Lending Terms are designed to provide a fair and practical starting point for exchanges made through Mind For Me. They help set clear expectations while preserving the spirit of kindness, respect, and community that the platform is built on.

Part A: The Platform

Purpose and Acceptance

• These Borrowing & Lending Terms apply whenever a Member lends or borrows an Item through the Mind For Me platform.
• Before first using the Borrowing feature, each Member will be asked to acknowledge and agree to these Terms within the Mind For Me platform. By providing that acknowledgement, the Member agrees that these Terms apply whenever they borrow or lend an Item through Mind For Me.
• These Terms establish the default agreement between the Lender and Borrower. The Lender and Borrower may agree to different arrangements in writing, subject to the Mind For Me Terms of Service and applicable law.

Definitions

• Borrower: means the Member borrowing an Item.
• Lender: means the Member making an Item available for borrowing.
• Item: means any goods, equipment, tools, or other personal property borrowed through the Mind For Me platform.
• Member: has the meaning given in the Mind For Me Terms of Service.

Role of Mind For Me

• Mind For Me provides an online communication platform that enables Members to connect and arrange borrowing between themselves.
• Mind For Me is not the owner of any Item, is not a lender or borrower, is not a party to any borrowing arrangement, and receives no financial interest in the transaction itself.
• Mind For Me does not inspect, verify, certify, or guarantee the condition, safety, legality, ownership, or suitability of any Item made available by Members.
• Borrowing arrangements are solely between the Lender and the Borrower.
• To the maximum extent permitted by law, Mind For Me is not responsible for any loss, damage, injury, dispute, or claim arising from a borrowing arrangement between Members.

Community Expectations and Good Faith

• Borrowing is based on generosity and goodwill.
• Members agree to act honestly, reasonably, and in good faith throughout the borrowing arrangement.
• Borrowing through Mind For Me is intended to strengthen trust within communities, and Members are expected to work together respectfully to resolve any issues before considering formal action.

Part B: The Borrowing Arrangement

Ownership

• The Lender confirms that they are entitled to lend the Item.
• Ownership of the Item always remains with the Lender.
• Borrowing an Item does not grant the Borrower any right to sell, dispose of, materially modify, hire, lend or allow another person to use the Item without the Lender’s prior agreement.

Care of the Item and Mutual Obligations

• Unless otherwise agreed, an Item is borrowed in its existing condition, including any faults, damage or limitations disclosed by the Lender or reasonably apparent at handover.
• While the Item is in the Borrower’s possession or control, the Borrower agrees to take reasonable care of the Item.
• The Lender agrees to honestly disclose any faults or damage that the Lender is aware of prior to the exchange.
• The Lender agrees to provide any instructions reasonably necessary for the safe use of the Item where appropriate.

Consumables

• Unless otherwise agreed, consumable items supplied with the Item, such as fuel, oil, gas, disposable batteries, printer ink or cleaning products, are not expected to be replaced where they have been reasonably consumed during the agreed use.

Documenting Condition

• Both Members agree to satisfy themselves regarding the Item’s condition, cleanliness, and any existing damage prior to the exchange.
• Mind For Me strongly recommends that both the Lender and the Borrower take photographs or video recordings at the exact time of borrowing and return to establish an objective baseline.
• In the absence of other evidence, photographs or video taken at the time of handover may assist in resolving disputes regarding condition or completeness.

Proper Use and Safety

• The Borrower agrees to use the Item safely and lawfully, only for its intended purpose or another purpose clearly disclosed to and agreed by the Lender in writing.
• The Borrower agrees not to use the Item for any unlawful purpose.
• The Borrower agrees to satisfy themselves that the Item is appropriate for their intended use and that they are competent to use it safely and lawfully.
• Unless expressly agreed otherwise, the Lender does not make any representation that the Item is suitable for the Borrower’s intended purpose.
• If the Item appears damaged, defective or unsafe while in the Borrower’s possession or control, the Borrower agrees to stop using it and notify the Lender as soon as reasonably practicable.
• Mind For Me recommends that any agreed alternative use be recorded through Mind For Me messaging.

Return of the Item

• The Borrower agrees to return the Item to the agreed location:
  • in substantially the same condition, allowing for reasonable wear and tear resulting from the agreed use; and
  • at least as clean as it was when received, unless the Lender and Borrower agree otherwise.
• Reasonable wear and tear means the normal deterioration that can reasonably be expected from the agreed use of the Item despite it being used carefully and appropriately.
• The Borrower agrees to return the Item together with all accessories, keys, chargers, batteries, manuals and other components supplied with it unless otherwise agreed.
• If the Borrower becomes aware that they cannot return the Item at the agreed time, they agree to notify the Lender as soon as reasonably practicable and work with the Lender to agree on an alternative return time.

Loss, Damage and Restoration

• If an Item is lost, damaged, stolen or develops a fault while in the Borrower’s possession or control, the Borrower agrees to notify the Lender as soon as reasonably practicable.
• If the Item is lost, stolen or damaged beyond reasonable wear and tear while in the Borrower’s possession or control, other than because of an existing fault or something the Borrower could not reasonably have prevented, the Borrower agrees to work with the Lender in good faith to repair, replace or otherwise restore the Item, or reach another fair outcome consistent with these Terms.
• The Lender agrees to provide the Borrower with a reasonable opportunity and timeframe to do so. What is reasonable will depend on the nature, age and condition of the Item, the extent of the loss or damage, and the availability of replacement parts or services.
• If the Borrower does not do so within that reasonable timeframe, the Borrower agrees to reimburse the reasonable costs incurred by the Lender. Any replacement or compensation should reasonably reflect the Item’s age, condition and value immediately before the loss or damage and should not place the Lender in a better position than they were in before the borrowing arrangement.
• If the Item is returned requiring cleaning beyond what would reasonably be expected from the agreed use, the Borrower agrees to clean the Item or reimburse the reasonable cleaning costs incurred by the Lender.

Communication and Privacy

• Members agree to communicate honestly, respectfully, and promptly throughout the borrowing arrangement.
• Members agree to respect each other’s privacy and use personal information shared for the purposes of the borrowing arrangement only.
• Mind For Me recommends that, where practical, any changes, extensions, or special arrangements be recorded using Mind For Me messaging.

General Provisions

• Feature Terms and Alternative Agreements: These Borrowing & Lending Terms supplement the Mind For Me Terms of Service. If these Terms are inconsistent with the Terms of Service specifically in relation to borrowing and lending, these Terms apply to the extent of that inconsistency. The Lender and Borrower may mutually agree in writing to different arrangements between themselves. Those arrangements replace only the inconsistent provisions of these Terms and cannot override the Mind For Me Terms of Service, applicable law or any platform safety or conduct requirements.
• Insurance: Members remain responsible for ensuring they have any insurance they consider appropriate for lending or borrowing valuable items.
• Local Laws: Members remain responsible for complying with any laws or licensing requirements that may apply to the borrowing or use of particular items.
• Force Majeure: Where circumstances beyond either Member’s reasonable control prevent compliance with these Terms, Members agree to communicate promptly and work together in good faith to reach a fair outcome.
• Disputes: Mind For Me encourages Members to resolve disputes respectfully and cooperatively. Mind For Me may assist Members to communicate but will not determine disputes or enforce payment or compensation.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
• No Waiver: A delay or decision not to enforce a provision of these Terms does not waive any future rights.
• Governing Law: These Borrowing & Lending Terms are governed by the laws identified in the Mind For Me Terms of Service

Version of Applicable Borrowing & Lending Terms

Whilst every care is taken to ensure these are the current terms, the applicable terms are the latest accepted on Mind For Me by the Borrower and Lender.

Related Terms and Policies

• Privacy Policy
• Terms & Conditions
• Child Safety Standards
• Contact Us