Bolinda Digital Terms and Conditions

Welcome to BorrowBox

Your library has entered into an agreement with Bolinda Digital Pty Ltd ("Bolinda Digital") to provide you with access to the Bolinda Digital Service (the "Service").

This Service allows you to borrow digital content for a fixed loan period.

By using the Bolinda Digital Service, you are entering into a legally binding agreement (the "Agreement") with Bolinda Digital.

This Agreement and any updates, additional software licenses and all of Bolinda Digital's policies collectively constitute your Agreement with Bolinda Digital. To agree to these terms, click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the Service.

This Agreement allows you to use digital content under the terms and conditions set out below.

1. If you are under the age of 18

If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations.

2. Bolinda Digital Privacy Policy

This Agreement is subject to the Bolinda Digital Privacy Policy, which is expressly incorporated into this Agreement. If you have not already read Bolinda Digital's Privacy Policy, you should do so now before using the Service.

3. Objectionable material

By using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. There may be no warning of this. You agree to use this Service at your sole risk and Bolinda Digital has no liability to you for content that may be found to be offensive, indecent or objectionable.

4. Your Information

It is a condition of use that you provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service. You must maintain and update your registration as required to keep it accurate, current and complete. Bolinda Digital may terminate your rights to use the Service if any information you provide is false, inaccurate or incomplete. You agree that Bolinda Digital may store and use your information you provide for use in maintaining your account.

5. Responsibility for your account

When you become a registered user of the Service, you will be required to set up an account. You are solely responsible for maintaining the confidentiality and security of your account. You must not reveal your account information to anyone else. You must not use anyone else's account or allow anyone to use your account. You are entirely responsible for all activities that occur through your account, and you agree to immediately notify Bolinda Digital of any unauthorised use of your account or any breach of security. Bolinda Digital will not be responsible for any losses arising out of the unauthorised use of your account.

6. Digital Content License

When you download Content from the Service, Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to download or stream the Content to your computer or one portable media player solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. You must not decompile, disassemble, reverse engineer, modify or create derivative works from the files.

Your licence will be for the duration of the term specified.

You will receive a reminder email at the end of the loan term telling you that you must delete the files. Because you are downloading files on a borrowing licence, you must delete them when the term is over. Your obligation to delete the files exists even if you do not receive the reminder email. Failure to delete files will constitute a breach of the copyright licence and Bolinda Digital may suspend your access to the Service temporarily or permanently.

7. Website Access License

The Bolinda Digital Service is provided to you by your library. Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this website and not to download (other than page caching) or modify all or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any use or reproduction of logos or images of Bolinda Digital, its content providers or its affiliates; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Bolinda Digital, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trade marks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of this website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bolinda Digital or BorrowBox logo or other proprietary graphic or trade mark as part of the link without express written permission.

8. Security

Content transacted through the Service incorporates active security technology that allows tracing of files back to borrowers, particularly whether files have been made available for sale or resale, or through file sharing or peer-to-peer networks. By using the Service, you consent to the tracing and identification of files by Bolinda Digital and its agents. If it is detected that you have attempted to sell or share files, your access to the Service may be suspended temporarily or permanently and you may be prosecuted for copyright infringement.

You must not attempt to, or assist another person to attempt to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to these rules for any reason whatsoever. Bolinda Digital reserves the right to enforce usage rules with or without notice to you. You agree that you will not access the software that allows access to the Service by any other means than that which is provided by Bolinda Digital. You agree that you will not modify the software in any manner or use modified versions for any purpose including but not limited to obtaining unauthorised access to the Service. Any violation of the Service or security may result in civil or criminal liability.

9. Consent to gathering of information

By using the Service, you consent to Bolinda Digital contacting your library for information about you in order to enforce any access restrictions that your library may determine. Bolinda Digital may also store and use information on your borrowing history to make recommendations that Bolinda Digital believes may be of interest to you.

Bolinda Digital’s communication with your library shall always be in accordance with applicable privacy laws and the Bolinda Digital Privacy Policy.

10. Confidentiality and Data Protection

Bolinda Digital will maintain confidentiality of your data and will make reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary to properly provide the Service.

Wherever Bolinda Digital determines the means and purposes of the processing of any information relating to an identifiable person who can be directly or indirectly identified, in particular by reference to an identifier such as a name or identification number (“Personal Data”), Bolinda Digital will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal Data, and the terms of Bolinda Digital’s Privacy Policy shall apply to such processing.

Bolinda Digital will in accordance with its Privacy Policy:
a) Comply at all times with applicable privacy and data protection laws;
b) Take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and
c) Take reasonable steps to notify you if Bolinda Digital becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you.

11. Limitation of downloads

Bolinda Digital may limit your use of the Service to a particular number of downloads for a specific period, depending on the terms of its agreement with your library. The limitations, number of downloads and period duration are subject to change at any time without notice.

Your use of the Service may also be limited or terminated if you breach this Agreement.

12. Uploading and posting information

The Service may allow you to interact with or submit or post information, reviews, materials, links to third parties accessible and viewable by other users. You represent and agree that any use by you including any information or materials or links submitted or posted by you will be your sole responsibility and will not violate or infringe the rights of any party or breach any laws, contribute or encourage infringement or otherwise unlawful conduct or obscene objectionable material and that you have obtained all necessary rights, licenses or clearances. You also agree to provide complete, accurate information in connection with your submission or posting of information or materials on the Service. Bolinda Digital reserves the right to not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

13. Intellectual Property

You agree that the Service including but not limited to Products, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Service, contains proprietary information that is owned by Bolinda Digital and/or its licensors and is protected by applicable intellectual property laws and other laws, including but not limited to copyright. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner and you will not exploit the Service in any unauthorised way whatsoever.

All copyright in and to the Service including but not limited to the compilation of content, postings, links to other resources or Internet resources and software are owned by Bolinda Digital and/or its licensors. Bolinda Digital reserves all its rights at law or in equity. Any infringement of the intellectual property rights of Bolinda Digital may subject you to civil and criminal penalties including possible monetary damages.

Any trade marks, service marks or graphics and logos used in connection with the Service are owned by or registered in the name of Bolinda Digital. You must not use or copy any trade marks, logos or graphics in any way whatsoever.

Bolinda Digital may provide you with limited access to download certain album cover art for eAudiobooks, subject to availability. Bolinda Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for album art cover or your use of that cover art. Album cover art is provided for personal, non-commercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any third party.

14. Termination

If you fail or Bolinda Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Bolinda Digital with a valid credit card or with accurate and complete account registration, violation of the usage rules or any license to the software or infringement or other violation of third party rights, Bolinda Digital at its sole discretion and without notice to you may terminate this Agreement and/or your Account and you will remain liable for all amounts due under your account to and including the date of termination and/or Bolinda Digital will terminate the license to the software and/or prevent access to the Service.

Bolinda Digital reserves the right to change, modify, suspend or discontinue the Service at any time with or without notice to you. Bolinda Digital will not be liable to you or to any third party should it choose to exercise those rights.

Bolinda Digital reserves the right to take any appropriate steps it believes to be necessary to enforce and/verify compliance with any part of this Agreement - including Bolinda Digital's right to cooperate with any legal process relating to your use of the Service and or the Products or that your use of the Service and/Products infringes the rights of third parties. You agree that Bolinda Digital has the right to disclose any account information or data to law enforcement authorities, government official or third parties to your use of the Service and/or Products is unlawful and/or infringes a third parties rights.

15. Disclaimer and Limitation of Liability

Bolinda Digital does not guarantee, represent or warrant that your use of the Service will be uninterrupted, delay-free or error free, and you agree that from time to time Bolinda Digital may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Bolinda Digital is also not responsible for technical failures or any failures resulting from actions of its third party content providers and technical service providers.

In no case will Bolinda Digital, its directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages (including any damage caused to equipment, computers or portable media players) arising out of your use of the Service or for any other claim related in any way to your use of the Service, including but not limited to loss or damage of any kind as a result of the use of any content transmitted or otherwise made available to you via the Service, even if advised of the possibility.

Bolinda Digital does not represent or guarantee that the Service will be free from loss, corruption, viruses, interference, hacking or other security intrusion. Bolinda Digital disclaims any liability relating to security intrusions.

Bolinda Digital does not represent or guarantee that files downloaded using the Service can be played or accessed using your equipment, that such files are complete, audible or legible or that they confirm with the descriptions on the website.

While Bolinda Digital will take all reasonable precautions to protect information submitted by you, it is not liable for any loss of information, whether such loss occurs due to unauthorised access to records or hacking or due to security breaches of third party credit card merchant facility providers.

By using the Service, you agree to indemnify and hold Bolinda Digital, its directors, employees, agents and licensors harmless with respect to any claim arising out of your breach of this Agreement, your use of the Service or any action taken by Bolinda Digital as a part of its investigation of a suspected violation of this Agreement, or as a result of finding that a violation has occurred. This means you cannot sue Bolinda Digital, its directors, employees, agents and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the Service.

16. Bolinda Digital may make changes

Bolinda Digital reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify this Agreement and to impose new or additional rules to your use of the Service. All updates, revisions, modifications and new rules will be effective immediately and incorporated into this Agreement. Your continued use of the Service following changes to this Agreement are deemed to constitute your acceptance of any new and additional terms to the Agreement. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Policy changes).

No Bolinda Digital employee or affiliate library has the authority to vary any of the terms in this Agreement.

17. Victorian law applies

The laws of the State of Victoria, Australia govern this Agreement and your use of the Service. You agree that the exclusive jurisdiction for any claim or dispute with Bolinda Digital or your use of the Service resides in the applicable courts of the State of Victoria, Australia.