Parents Terms Conditions and Privacy Policy

ONLINE TERMS AND CONDITIONS

ACCEPTANCE

These Terms constitute an agreement between DIY FUNDRAISING PTY LTD (ABN 51 641 654 471), its successors, and assignees (referred to as “we,” “us,” or “our”) and you, the individual purchasing Services as a parent or guardian on behalf of the Participant (referred to as “you” or “your”), collectively referred to as the Parties.

By proceeding, you confirm acceptance of these Terms through:

Acknowledging these Terms online; and
Completing the full registration process and, where required, paying the applicable fee.

These Terms establish the basis on which we provide Services to the Participant. Please read them carefully. If you have any questions, contact us using the details provided at the end of these Terms.

By continuing, you confirm that you:

Have had sufficient opportunity to read, understand, and, if necessary, seek clarification on these Terms;
Agree to comply with these Terms; and
Are a legal guardian aged 18 or older, authorised to consent on behalf of the Participant.

Registration for Services will only be finalised once the full registration process is completed and, where applicable, the fee is paid.

SERVICES AND POLICIES

Access to certain Services may require you to create an account or profile. It is your responsibility to keep your account or profile details, including usernames and passwords, secure and confidential. You are accountable for all activities conducted through your account, including purchases made using your account information.

We agree to provide the Services with reasonable care and skill.

We reserve the right to refuse any request that we consider inappropriate, unreasonable, or unlawful.

Services may be delivered to the Participant through our employees, contractors, or third-party providers, all of whom are covered under these Terms. However, we are not liable for the products or services offered by third-party providers.

In line with our policy and Australian Consumer Law, we do not provide refunds, exchanges, or store credits for change of mind. Refunds will also not be granted due to changes in personal circumstances. Please ensure you fully understand your purchase and are satisfied with your purchase before completing the registration transaction.

Refunds for Non-Enrolment
Refunds are available under the following conditions:

Non-Enrolment: If a registered student is no longer enrolled in the school or organisation, you may qualify for a refund.
Non-Enrolment Proof Required: To process a refund, you must provide proof of non-enrolment, such as a formal letter or certificate from the school or organisation confirming the student is no longer enrolled. Our team will validate this is with school or organisation in a timely manner once the evidence is received.
Request Timing: Refund requests must be submitted at least 14 days prior to the event date.

All event registrations made through this site are flexible and aligned with the organisation’s event schedule. Where an organisation changes their event date, the registration will automatically roll over to the new date set. All updates and notices regarding registration, event and fundraising information will be communicated by the organisation. The above policy applies, unless the enrolment status changes.

Registration assignment: The registration is personal to the Parties. The registration cannot be transferred or assigned to another Participant.

For questions regarding this policy or to submit a refund request, please contact us at support@colourblast.com.au.

Reference: Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth). For more information, visit the Australian Competition and Consumer Commission (ACCC) website

YOUR OBLIGATIONS AND WARRANTIES

By agreeing to these Terms, you warrant the following:

You are not subject to any legal restrictions that prevent you from entering into this agreement.
You will cooperate with us by providing any information reasonably necessary for us to deliver the Services and will comply with such requests promptly.
All information you provide to us is true, accurate, and complete.
You will notify us of any reasonable concerns regarding our Services and work with us to resolve these concerns in good faith.
You understand your registration is flexible and will be attached to the organisation’s schedule and operation.
You understand your registration is subject to the terms and policies in this agreement
You acknowledge that we do not operate as a childcare facility. The Participant will attend the Event during school/organisation listed hours under main supervision of the school/organisation.

ASSUMPTION OF RISK

All suggestions and recommendations regarding the use of equipment, as well as any instructions provided in manuals, verbal guidance, videos, or other materials on our site, must be followed by the Participant.

By participating, you agree to indemnify and release us, including our instructors, agents, affiliates, employees, members, sponsors, promoters, and any persons or entities associated with us, from all liability (including negligence by us or others), claims, demands, or proceedings arising from or related to participation in our Events and/or the application of any tips or guidance provided in instructions, manuals, or videos.

You acknowledge that participating in an Event or any related exercises and activities may involve a risk of serious injury or even death from various causes including: overexertion, dehydration, equipment failure and accidents with equipment and surroundings.

It is your responsibility to ensure that by participating in an Event, the Participant will not exceed their limits while performing such activity, and will select the appropriate level of class for their skills and abilities, as well as any mental or physical conditions and/or limitations the Participant may have.

You recognise the difficulties associated with attending an Event and attest that the Participant is physically fit to participate safely in the activity and that a qualified medical practitioner has not advised otherwise.
You understand the demanding physical nature of an Event or any related exercises and activities. You are not aware of any medical conditions, injuries or impairments that will be detrimental to the Participant’s health if they participate in our Event or exercise related activities.
In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to the Participant’s health, the Participant must not attend an Event, immediately cease to use our Services and contact your medical practitioner.

FEEDBACK AND DISPUTE RESOLUTION

Your feedback is valuable to us, and we aim to address your concerns promptly and effectively. If you have feedback or questions regarding the Services, please reach out to us.

In the event of a dispute related to these Terms, the Parties agree to follow this dispute resolution process:

The complainant must provide the respondent with written notice outlining the nature of the dispute, the desired outcome, and the actions they believe will resolve the issue.

The Parties will meet in good faith to discuss and attempt to resolve the dispute through mutual agreement.

If the dispute cannot be resolved at the initial meeting, either Party may refer the matter to mediation. If the Parties cannot agree on a mediator, the complainant will request the Law Society of Queensland to appoint one. The appointed mediator will determine the time and place for mediation, and the Parties agree to attend in good faith to seek resolution.

This dispute resolution process does not limit or waive any rights or entitlements the Parties may have under these Terms, by law, or in equity.

TERMINATION

We reserve the right to terminate your registration immediately and at our sole discretion if:

You breach these Terms.
We determine that your request for the Services is inappropriate, improper, or unlawful.
You fail to provide clear or timely instructions necessary for us to deliver the Services.
We believe the relationship between us has irreparably broken down, including a loss of confidence and trust.
You act in a manner that we reasonably believe could harm our reputation or bring our business into disrepute.
You provide incorrect payment details or other inaccurate information.
Any other circumstance beyond our control arises that compromises our ability to deliver the Services within the required timeframe.

Termination of these Terms does not affect the accrued rights, obligations, or remedies of either Party.

CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

We guarantee that the Services we supply to the Participant are rendered with due care and skill, fit for the purpose that we advertise. .

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

WARRANTIES

Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

AVAILABILITY

To the extent permitted by law, we exclude all liability for:

the Services being unavailable; and
any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or the Participant or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

LIMITATION

To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, inequity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, in line with the above policy, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you for the purchase. This clause will survive termination of these Terms.

INDEMNITY

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

your breach of these Terms;

any misuse of the Services or the Site by you, your employees, contractors or agents; and

your breach of any law or third party rights.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

This clause will survive termination of these Terms.

any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

your breach of these Terms;

any misuse of the Services or the Site by you, your employees, contractors or agents; and

your breach of any law or third party rights.

CHILD PRIVACY AND MEDIA RELEASE

Online Profile: For fundraising prior to the event, you agree and accept to the Participant having a profile setup on our website for others to donate funds towards. The Participant’s profile will contain a cartoon image and state the Participant’s first name, last initial and classroom. There will be no physical image of the participant on the profile.

Please contact us immediately if you do not consent to this profile being setup or if you would prefer to use an alternative name or nickname for the Participant.

Media Release: If you agree and accept this clause, we may photograph and/or video the Participant and/or you and/or your child and/or other family members present at the event if our organisation is on-site, hosting the event (from which the Participant and/or you and/or your child and/or other family members may be able to be identified) These images may be taken and copied, disclosed, distributed, incorporated and otherwise used for marketing and promotional purposes. You expressly agree to the use of these images and the likeness for these purposes without compensation.

Should this occur we warrant that:

we will only use appropriate images of the children, relevant to the event;
the Participant/child is suitably clothed;
names will not be disclosed;
locations will not be disclosed;
we will not display information about the Participant such as hobbies, likes/dislikes, etc

Any photographs or videos taken by you must be for your own personal use and enjoyment and not for any commercial purpose.

We are not responsible for and cannot control any photographs or videos taken by third parties, including the school.

If you hold any concerns regarding inappropriate image use please contact us immediately.

If you do not agree to and accept this clause, you must notify us as soon as possible. In such cases, the Participant can still participate in the event, and we will make every reasonable effort to ensure that any photos of the Participant are not shared publicly in any manner.

PRIVACY

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth), our privacy policy any other applicable legislation or privacy guidelines.

EMAIL

You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading, spam or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST

If and when applicable, GST payable on the purchases for the Services will be set out on our Site at the time of payment. You agree to pay the GST amount at the same time as you pay the purchase price.

SEVERANCE

If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address in your account or provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

JURISDICTION & APPLICABLE LAW

These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

DIY FUNDRAISING PTY LTD ACN 641 654 471 – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us or otherwise collected by us, offline or online including through this website (Site). In this Privacy Policy ‘you’ means any party that provides personal information to us and ‘we’ or ‘us’ means DIY FUNDRAISING PTY LTD ACN 641 654 471, successors and assignees.

Please read this Privacy Policy carefully. By providing personal information to us, you consent to our collection, holding, use and disclosure of your personal information in accordance with this Privacy Policy. Please contact us if you have questions, our contact details are at the end of this Privacy Policy.

If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this Site or products and services offered on or through it.

Collection of personal information

Personal information: The type of information we collect from you or from third parties, may include:

name;
images;
contact details including email address, mailing or street address and telephone number;
age or date of birth;
credit card information;
demographic information such as postcode;
preferences and opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you or that you have enquired about, and our response;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behaviour;
additional personal information that you provide to us directly or indirectly through your use of our Site, associated applications, associated social media platforms or accounts from which you permit us to collect information; and
any other information requested by us and/or provided by you.

Your use of our Site: As with most online businesses, we may log information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

Your opinion and feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

Collection and use of personal information

We collect and use the information for purposes including:

to enable you to access and use our Site and any associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping;
for analytics, market research and business development including to operate and improve our Site and any associated applications and associated social media platforms;
to run competitions or offer additional benefits to you; and
for advertising and marketing, including to send you promotional information about our products and services and information and about third parties that we consider may be of interest to you.

You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided in the marketing materials.

Disclosure of personal information to third parties

We may disclose personal information to:

credit reporting agencies and courts, tribunals and regulatory authorities where you fail to pay for goods or services provided to you;
courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
third parties to collect and process data such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer our user databases, together with any personal information and non-personal information contained in those databases, to the extent permissible by law. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith.

Your rights and controlling your personal information

Choice and consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for these purposes.

Your provision of third-party information: If you provide us with third party personal information then you warrant to us that you have the third party’s consent to provide this.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

Access: You may request details of personal information that we hold about you, in certain circumstances set out in the Privacy Act 1988(Cth) (Privacy Act). An administrative fee may be payable for the provision of information. We may refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database, or opt out of communications, please contact us using the details below.

Storage and Security

We are committed to ensuring that the information you provide is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies & Web Beacons

We may use cookies on this Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. However, they do allow third parties such as Google and Facebook to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide the Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on this Site from time to time. Web beacons or clear.gifs are small pieces of code placed on a web page to monitor the visitors’ behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

Amendments

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our Site following any amendments indicates that you accept the amendments. You should check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

For any questions or notice, please contact us at:

DIY FUNDRAISING PTY LTD ACN 641 654 471

44 Swanbank Rd, Raceview QLD 4305

Email: admin@diyfundraising.com.au

Last update: 1 Jan 2023

Parents Terms Conditions and Privacy Policy

ONLINE TERMS AND CONDITIONS

DIY FUNDRAISING PTY LTD ACN 641 654 471 – PRIVACY POLICY

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