Borrowing Tape Pty Ltd | Version 3.0
ACN 676 126 702 / ABN 19 676 126 702
OVERVIEW
This website is operated by Borrowing Tape Pty Ltd (ACN 676 126 702 / ABN 19 676 126 702) (“we”, “us”, “Company”). Throughout the site, the terms “we”, “us” and “our” refer to Borrowing Tape Pty Ltd.
By visiting our site or submitting content, you agree to be bound by these Terms of Service, together with our Contributor Agreement (Version 1.0) and Privacy Policy (Version 3.0), each of which are incorporated by reference and made available on the Platform prior to acceptance. These three documents together form the complete legal framework governing your use of the Borrowing Tape platform.
SECTION 1 — SERVICE TERMS
1.1 Acceptance. These Terms apply to all users of the Platform, including general visitors, readers, and contributors. By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.
1.2 Age. By using the Platform, you represent that you are at least 18 years of age, or that you have obtained appropriate consent from a parent or legal guardian in accordance with clause 21 of the Contributor Agreement. If you do not meet this requirement, you must not use the Platform or submit content.
1.3 Changes to Terms. We may update these Terms from time to time. Material changes will be notified with at least 30 days’ written notice, including via electronic notice, by email or prominent notice on the Platform. Continued use of the Platform after the notice period constitutes acceptance of the updated Terms.
SECTION 2 — INTELLECTUAL PROPERTY & CONTRIBUTIONS
2.1 Contributor Agreement. Any user submitting creative works (including text, video, audio, images, or other content) to the Platform is required to read and accept the Contributor Agreement (Version 1.0) prior to submission. The Contributor Agreement governs the assignment of intellectual property rights in submitted works and takes precedence over these Terms in the event of any conflict regarding ownership or rights.
2.2 Electronic Acceptance. Acceptance of the Contributor Agreement is completed via an “I Agree” checkbox on the submission form, which constitutes a legally binding electronic signature. Submission metadata including timestamp, IP address, email address, and Agreement version is recorded as evidence of acceptance.
2.3 Priority. In the event of any conflict between these Terms and the Contributor Agreement regarding intellectual property ownership or rights in submitted Works, the Contributor Agreement (Version 1.0) prevails.
2.4 Historical IP. Submissions made prior to incorporation of Borrowing Tape Pty Ltd are subject to the ratification and assignment terms in clause 4 of the Contributor Agreement (Version 1.0). Nothing in these Terms overrides applicable law governing pre-existing rights.
2.5 Platform Content. All content published on the Platform by the Company, including editorial content, branding, design, and compilations, is owned by or licenced to Borrowing Tape Pty Ltd. You must not reproduce, distribute, or exploit any such content without prior written consent.
SECTION 3 — THIRD-PARTY MEDIA
3.1 We may display third-party materials (including film stills, album artwork, trailers, and promotional materials) for purposes of criticism, review, commentary, or reporting. Where applicable, we rely on fair dealing exceptions under the Copyright Act 1968 (Cth) or equivalent international provisions.
3.2 We do not claim ownership of any such third-party materials. All third-party intellectual property remains the property of its respective owners.
3.3 If you believe any content published on the Platform infringes your intellectual property rights, please contact us at contact@borrowingtape.com and we will address your concern promptly.
SECTION 4 — USER CONDUCT
By using the Platform, you agree not to:
- submit content that is unlawful, defamatory, misleading, or infringes the rights of any third party;
- use the Platform for any fraudulent, harmful, or unauthorised purpose;
- attempt to gain unauthorised access to any part of the Platform or its systems; or
- reproduce, scrape, or commercially exploit any content from the Platform without prior written consent.
We reserve the right to remove any content and suspend or terminate access to the Platform for any user who breaches these Terms, at our sole discretion.
SECTION 5 — PRIVACY
Your personal information is handled in accordance with our Privacy Policy (Version 3.0), which is published on the Platform and made available prior to acceptance of the Contributor Agreement. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.
In the event of any conflict between these Terms and the Privacy Policy regarding personal information and data protection, the Privacy Policy prevails.
SECTION 6 — LIMITATION OF LIABILITY
6.1 To the maximum extent permitted by law, including the Australian Consumer Law, Borrowing Tape Pty Ltd, its directors, employees, contractors, and affiliates exclude all liability for any loss, damage, injury, or claim arising from use of the Platform or its content.
6.2 Where liability cannot be excluded by law, our total liability is limited to the minimum extent permitted under applicable legislation and in no event exceeds AUD $100, consistent with clause 9 of the Contributor Agreement.
6.3 We are not liable for any indirect, consequential, special, or incidental loss, including loss of revenue, reputation, data, or opportunity, arising from use of or inability to access the Platform.
6.4 Nothing in this section limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable law, including under the Australian Consumer Law.
SECTION 7 — DISPUTE RESOLUTION
7.1 In the event of a dispute arising from these Terms, the parties agree to first attempt resolution through good faith negotiation. If the dispute is not resolved within 30 days of written notice, either party may commence formal legal proceedings.
7.2 Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.
SECTION 8 — GOVERNING LAW
These Terms, together with the Contributor Agreement (Version 1.0) and the Privacy Policy (Version 3.0), are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
SECTION 9 — DOCUMENT HIERARCHY
The following order of precedence applies across all Borrowing Tape legal documents in the event of any inconsistency:
- Contributor Agreement (Version 1.0) — governs intellectual property ownership and assignment;
- Privacy Policy (Version 3.0) — governs personal information and data protection; and
- Terms of Service (Version 3.0) — governs general platform use.
CONTACT
Borrowing Tape Pty Ltd
contact@borrowingtape.com
ACN 676 126 702 / ABN 19 676 126 702
— END OF TERMS OF SERVICE —
Borrowing Tape Pty Ltd | ACN 676 126 702 | Version 3.0