ONLINE TERMS AND CONDITIONS
- These Terms are between are between DIY FUNDRAISING PTY LTD ABN 51 641 654 471 , its successors and assignees (referred to as “we”, “us” or “our”) and you, the person that purchases Services from us acting as parent/guardian on behalf of the Participant (referred to as “you” or “your”), and collectively the Parties.
- You accept these Terms by:
- accepting these Terms online; and
- paying the Ticket Price in full.
1.3 You agree that these Terms form the agreement under which we will supply Services to the Participant. Please read these Terms carefully. Please contact us if you have any questions using the contact details at the end of these Terms. Proceeding with us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are able to give consent on behalf of the Participant as a legal guardian who is 18 years or older. You must not order or use the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you must not use or purchase our Services from us.
1.4 You will not be registered for the Services until you have paid the Ticket Price in full.
- Access to some of our Services may require you to register for an account / register for a profile. It is your responsibility to keep the details of your account / profile, including any usernames and passwords, confidential. You are liable for all activity on your account, including any purchases made using your account details.
- We agree to host the Services with due care and skill.
- We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
- We may provide the Services to the Participant using our employees, contractors and third party providers and they are included in these Terms.
- We are not responsible for the products or services provided by those third parties.
- Refunds: you will be entitled to a refund within 7 days by providing written notice to email@example.com, if:
- the Participant cannot participate in the Event due to medical reasons – we may request that you provide evidence such as a medical certificate; or
- the Participant changes schools and will no longer be enrolled at the school on the date of the Event.
- FEE, INVOICING AND PAYMENT
- You agree to pay us the amounts set out on our Site. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable). Payment may be made by way of payment methods as set out on the Site when purchasing our Services.
- If you do not pay by the payment date, the Participant will not be permitted to attend the Event in question.
- YOUR OBLIGATIONS AND WARRANTIES
- You warrant that:
- there are no legal restrictions preventing you from agreeing to these Terms;
- you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
- the information you provide to us is true, correct and complete;
- you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
- you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided;
- you acknowledge that we do not act as a childcare facility in any way and that the Participant’s will be attending the Event during school hours under the supervision of the school.
- FEEDBACK AND DISPUTE RESOLUTION
- Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
- If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
- If the Parties cannot agree how to resolve the dispute at the initial meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
- Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
- We may terminate these Terms immediately, at our sole discretion, if:
- you commit a breach of these Terms;
- we consider that a request for the Service is inappropriate, improper or unlawful;
- you fail to provide us with clear or timely instructions to enable us to provide the Services;
- we consider that our relationship has broken down including a loss of confidence and trust;
- you act in a way which we reasonably believe will bring us or our business into disrepute;
- you provide us with incorrect payment details or any other incorrect information; or
- for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe.
- The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
- 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.
- Delay: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control, including any restrictions due to a global pandemic.
- 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, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, 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 Ticket.
- This clause will survive termination of these Terms.
- 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.
- 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 reserve the right to photograph and/or video the Participant and/or you and/or your child and/or other family members present at the event (from which the Participant and/or you and/or your child and/or other family members may be able to be identified) 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.
- 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 and accept this clause, you must let us know as soon as possible. In that instance, the Participant can still participate in the event, and we will use our best endeavours to ensure any photos of the Participant are not made public in any way.
- ASSUMPTION OF RISK:
- All suggestions and comments relating to the use of equipment and any instructions shown in any instruction manual, video and other materials on our site are required to be performed or adhered to by the participant.
- You hereby identify and release us, our instructors, our agents, affiliates, employees, members, sponsors, promoters and any person or body directly and indirectly associated with us, against all liability (including liability for their negligence and the negligence of others) claims, demands and proceedings arising out of or connected with participation in any of our Events and/or following the tips contained in any 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.
- Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and 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 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 Ticket Price 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 Ticket Price.
- Assignment: The Ticket is personal to the Parties. The Ticket cannot be transferred or assigned to another Participant.
- 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.
- Notice: 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.
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:
- 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.
- 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.
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
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.
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.
- Cookies & Web Beacons
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
For any questions or notice, please contact us at:
DIY FUNDRAISING PTY LTD ACN 641 654 471
152 Margaret St, Toowoomba City QLD 4350
Last update: 1 Jan 2022