Terms Of Use – www.colourblast.com.au
DIY Fundraising Pty Ltd
ABN: 51 641 654 471
These Terms of Use govern your access to and use of the website colourblast.com.au (“the Website”), which is owned and operated by DIY Fundraising Pty Ltd (“DIY Fundraising”, “we”, “us”, or “our”). By using this Website, you agree to be bound by these Terms of Use. If you do not agree, you must stop using the Website immediately.
By agreeing to these Terms, you also acknowledge you have read and understood our Privacy Policy
DIY Fundraising Pty Ltd (Colour Blast) – Overview
The Platform is an online fundraising facility operated by DIY Fundraising Pty Ltd (Colour Blast). We act as an agent for participating schools, organisations, and other approved clients (collectively referred to as “Beneficiaries”), with limited authority to facilitate the collection, accounting, and distribution of funds raised.
Our role is limited to providing the online fundraising platform and associated accounting services. Beneficiaries and registered Users are given access to tools that enable them to create fundraising campaigns, build web pages, and communicate with their networks. These activities are the sole responsibility of the relevant Beneficiary or User.
As a general principle, DIY Fundraising Pty Ltd (Colour Blast) accepts no liability for the actions or omissions of Beneficiaries or Users in relation to their use of the Platform.
We verify that all Beneficiaries are properly registered during the onboarding process. However, we are not responsible for how a Beneficiary applies funds once they have been distributed. If you are concerned about the use of donations, you should contact the Beneficiary directly.
Application of Terms
These Terms apply to all use of this website and the fundraising services provided through it (the “Platform”). In some cases, additional event-specific terms (“Event Terms”) may also apply.
Changes to Terms
DIY Fundraising may update or revise these Terms of Use at any time. Changes will take effect from the time they are published on the Website. Continued use of the Website after changes have been posted constitutes acceptance of those changes.
External Websites and Links
The Website may include links to other websites not managed by DIY Fundraising (“Third Party Sites”). DIY Fundraising is not responsible for the content, accuracy, or reliability of any Third Party Sites, nor for any loss or damage that may arise from their use. Links are provided for convenience only and do not represent an endorsement or partnership.
Lawful Use Only
You must not use the Website for unlawful purposes or in any way that may damage, disable, or impair its operation, or interfere with other users. You must not attempt to gain unauthorised access to any part of the Website or any systems connected to it.
Communication Features
From time to time, the Website may provide interactive functions such as forums, noticeboards, chat features, or community pages (“Communication Tools”). You agree to use these only for lawful, respectful, and relevant communication. Prohibited conduct includes, but is not limited to:
- Harassing, defaming, or threatening others.
- Uploading offensive, unlawful, or inappropriate material.
- Posting or distributing material you do not have rights to use.
- Uploading viruses or malicious software.
- Using Communication Tools for advertising, chain letters, or scams.
- Collecting information about others without consent.
DIY Fundraising reserves the right (but not the obligation) to moderate, edit, or remove material posted via Communication Tools, and may suspend or terminate access at its sole discretion.
User Submissions
DIY Fundraising does not claim ownership of content you submit (such as feedback, suggestions, or uploaded materials). By submitting content, you grant DIY Fundraising a royalty-free licence to use, reproduce, distribute, and display that content as necessary for the operation of the Website or related services.
You warrant that you have the necessary rights to submit the content and that it does not infringe the rights of third parties.
Accuracy and Liability Disclaimer
The Website may contain errors, outdated information, or inaccuracies. Information is provided for general purposes only and should not be relied upon as professional advice.
DIY Fundraising and its suppliers provide all information, products, and services on an “as is” basis, without warranties of any kind. To the fullest extent permitted by law, DIY Fundraising disclaims all liability for any loss or damage (direct or indirect) that may result from your use of the Website, including but not limited to loss of data, profits, or business opportunities.
If you are dissatisfied with any part of the Website, your sole remedy is to discontinue use.
Suspension and Termination
DIY Fundraising may, at its discretion, suspend or terminate your access to the Website at any time without prior notice, including (but not limited to) breaches of these Terms.
Account
Access to certain Services may require the creation of an account or profile. You are solely responsible for maintaining the confidentiality and security of your account details, including usernames and passwords. You accept full responsibility for all activities carried out under your account, including any transactions made using your login credentials.
You must keep your personal login information secure at all times. This includes:
- Not allowing another person to use your login information or represent themselves as you;
- Not disclosing or allowing your login details to be discovered by others; and
- Regularly updating passwords or other identifiers to minimise the risk of misuse.
Indemnity for Misuse of Login Information
DIY Fundraising Pty Ltd (Colour Blast) accepts no liability for actions taken by anyone using your login details, whether authorised by you or not. You agree to indemnify DIY Fundraising Pty Ltd (Colour Blast) (Colour Blast) against any loss, cost, or damage arising from misuse of your account or breach of these Terms.
Fundraising Pages and User Accounts
Users who register with the Platform may establish one or more personal fundraising pages (“Personal Pages”) to raise funds in support of a participating school, organisation, or other approved client (“Beneficiary”).
All funds raised externally by a User for a Beneficiary must be directed through the Platform, except for amounts collected offline (e.g. cash), which must be provided directly to the Beneficiary in accordance with their procedures.
A Personal Page, Event Page, or Microsite may only be created for a Beneficiary that is already registered on the Platform.
You can create and manage your fundraising page, but a profile page creator does not have legal authority over the funds once donated. Funds are sent to the nominated charity/beneficiary organisation in line with their chosen fundraising program.
We reserve the right to remove, suspend, or close a Personal Page at our discretion.
When creating a Personal Page, you must ensure that any text content you provide does not:
- Infringe the intellectual property rights (including copyright) of any third party;
- Damage or negatively affect the reputation of DIY Fundraising Pty Ltd (Colour Blast), Colour Blast, any Beneficiary, or any affiliates or partners;
- Mislead or deceive others as to the nature, purpose, or benefits of the fundraising activity;
- Misrepresent your identity or affiliation with any person, organisation, or group;
- Contain inaccurate, exaggerated, defamatory, or untrue statements;
- Encourage or promote discriminatory, criminal, or unlawful conduct; or
- Include offensive, suggestive, racist, violent, or otherwise inappropriate language or innuendo.
DIY Fundraising does not routinely review the personal fundraising pages created on the Platform. However, we reserve the right, at our sole discretion and without prior notice, to edit or remove any content uploaded to the Platform if we consider it inappropriate, offensive, unlawful, or otherwise in breach of these Terms. If you notice any content on the Platform that breaches these Terms or that you consider offensive or unlawful, please contact us at support@colourblast.com.au.
Owners of profile pages have no authority to request alterations, transfers, or refunds of donations made by donors in support of a Beneficiary. All such donations are deemed final and remain solely between the donor and the Beneficiary.
Intellectual Property
All content on the Website, including text, graphics, logos, and software, is protected by copyright and intellectual property laws. Use of this material is permitted only for personal, non-commercial purposes, unless expressly authorised by DIY Fundraising.
Any trademarks mentioned are the property of their respective owners.
Intellectual Property Rights
For the purposes of these Terms, “Intellectual Property Rights” include, without limitation:
- Patents, copyright, trademarks (registered and unregistered), registered and unregistered designs, circuit layout rights, trade secrets, know-how, and rights in confidential information; and
- Any application or right to apply for registration of any of the above.
All Intellectual Property Rights in the Platform are owned by, or lawfully licensed to, DIY Fundraising Pty Ltd (Colour Blast).
You must not:
- Claim ownership of, or rights to, the Intellectual Property Rights in the Platform;
- Copy, adapt, modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source materials of the Platform, nor authorise others to do so; or
- Use any content from the Platform without prior written consent from DIY Fundraising Pty Ltd (Colour Blast) or, where applicable, the third-party licensor of those rights.
No Warranties
DIY Fundraising Pty Ltd (Colour Blast) will use reasonable efforts to keep the Platform operational and secure. However, we do not guarantee uninterrupted access or error-free operation.
To the fullest extent permitted by law, all warranties, conditions, or guarantees not expressly stated in these Terms are excluded.
Governing Law
This Agreement is governed by the laws of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Australia in relation to any disputes arising under or in connection with these Terms of Use.
Entire Agreement
These Terms constitute the entire agreement between you and DIY Fundraising regarding your use of the Website, and replace any prior understandings or agreements. If any provision is found to be invalid or unenforceable, the remainder will remain in full effect.
These Terms, together with our Privacy Policy, form the entire agreement between you and DIY Fundraising Pty Ltd (Colour Blast) regarding your use of the Platform, and replace any prior agreements or communications.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.
All amounts displayed are in Australian Dollars unless otherwise specified.
Limitation of Liability and Indemnity by Users
To the maximum extent permitted by law, DIY Fundraising Pty Ltd (Colour Blast) will not be liable for direct, indirect, incidental, consequential, or special damages of any kind, including (but not limited to) lost profits, lost data, business interruption, or reputational damage, arising from:
a) Your use or misuse of the Platform;
b) Any content uploaded by Users;
c) The conduct or representations of Beneficiaries; or
d) Any breach of these Terms by a User.
Users agree to indemnify and hold harmless DIY Fundraising Pty Ltd (Colour Blast), its officers, employees, and partners from any claims, costs, or damages arising from their use of the Platform, their content, or their breach of these Terms.
Event Fees
Some event organisers, beneficiaries, organisations of similar may charge a “Event” fee or fundraise through a ‘registration fee’ to assist with offsetting the costs of administering the event, product packs or various other purposes. Standard transaction charges are paid, unless otherwise stipulated. DIY Fundraising reserves the rights to change the service fee model at anytime, all transactions will occur at the described rate at the time of transaction.
Payment Processing
DIY Fundraising Pty Ltd (Colour Blast) uses trusted, PCI-compliant third-party payment providers to facilitate secure online transactions. By making a payment through the Platform, you agree to be bound by the terms and privacy policies of those payment providers, in addition to these Terms.
Donations
Donations made by credit or debit card are charged to your card immediately. Colour Blast issues a receipt by email to the email address entered at the time of the payment.
The donation is allocated to the profile you have made the donation to via the website. The Donation cannot be transferred or assigned to another Participant.
Any offline donations or funds are to be provided to the organisation and those that are collected are the sole responsibility of the Organisation and must be managed in accordance with its own policies and procedures.
It is the responsibility of the Organisation to ensure that offline donations are logged to the profile page they belong to.
All donations, purchases, or other transactions completed through the Platform using a User’s credit card details are deemed final and are not subject to dispute or reversal on the basis of change of mind. In circumstances where it can be proven that a User’s credit card was used without proper authorisation, the transaction is eligible to be refunded, provided the funds have not already been disbursed to the designated Beneficiary. In this case, donors will need to liaise with the Beneficiary directly to request a refund.
If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
In the event that a school or club cancels their online fundraising to which you have donated (this does not include a standalone “colour blast fun run event”) or there is some other reason that we cannot transfer the funds to them, we will return your donation via the payment method from which you made the donation.
Donations belong to the donor – beneficiary relationship, not to the fundraiser/profile owner. The terms above specifically state that profile owners do not have the authority to alter, transfer, or request refunds for donations made to a profile on behalf of a donor.
DIY Fundraising does not represent or warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a school or clubs use of any donation you may make through the Platform or its associated services or websites powered by us or for any misuse or non-use of such donations by a school or club. It is your sole responsibility, as a user of the Colour Blast platform to ensure that the cause stated to be supported on a relevant school or club page is one that you wish to support.
As with many online payment platforms, DIY Fundraising gets charged for the initial transaction by payment gateways and banks etc. A donation bank processing fee of 1.8% + $0.30 is added on to all donations to cover bank charges.
DIY Fundraising charges 5% + GST of donations made to cover service and use of the fundraising platform, campaign support, processing and promotional materials.
In the situation of a cancelled donation transaction and bank or paypal preforms a charge back. Colour Blast reserves the right to invoice or direct debit the school or club for the amount of the charge back and the school or club must agree to settle that invoice within one (1) month of the date of the invoice. In the situation of the participant receiving a incentive before the charge back is processed. The school or club will be charged for the full amount including incentives.
Colour Blast is not an accounting, taxation or financial advisor, and you should not rely on information given on the website or its associated services to determine any consequences of making a donation to a school or club. Colour Blast will never email or phone you and ask you to provide all of your payment details.
GST is not included in your donation.
Tax Deductibility of Donations
Donations made through the Platform may be tax deductible for donors who are Australian taxpayers, provided the charity or organisation receiving the donation is endorsed as a Deductible Gift Recipient (DGR) and the donation amount is $2.00 or more. Where a Beneficiary holds current DGR endorsement and has opt’d to use the endorsement for the current campaign, receipts issued via the Platform will reflect this and donors may be entitled to claim a deduction in accordance with the rules of the Australian Taxation Office (ATO). Donors are solely responsible for determining their eligibility to claim any deduction and should seek independent tax advice where required. DIY Fundraising accepts no responsibility or liability for the deductibility (or otherwise) of any donation made through the Platform. See more: Deductible Gift Recipient (DGR)
Electronic Receipts and Communications
You acknowledge and agree that DIY Fundraising is required to issue electronic receipts for donations or purchases, which will be sent to the email address provided at the time of transaction. From time to time, DIY Fundraising may also send promotional or informational emails to that address. If you do not wish to receive such communications, you may unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of the email.
Donors and Profile Owners
For the purposes of these Terms, a Donor is any individual or entity that makes a financial contribution through the Platform. Donors are the only parties entitled to receive receipts and, where permitted under these Terms, to request a refund of their contribution. A Profile Owner (also referred to as a fundraiser or participant) is an individual who creates a fundraising page on the Platform in support of a Beneficiary. Profile Owners may promote their page and encourage contributions; however, they do not receive or control donated funds and have no authority to request amendments, transfers, or refunds of donations made by Donors. All financial rights and responsibilities relating to a donation exist solely between the Donor and the Beneficiary.
Liability
DIY Fundraising accepts no responsibility for any dispute, claim, or issue arising between Donors, Profile Owners, and Beneficiaries in relation to donations. DIY Fundraising’s role is limited to providing the Platform and processing contributions in accordance with these Terms. Any concerns regarding the use of funds must be directed to the relevant Beneficiary.
Rewards
For organisations that have elected to participate in the rewards fundraising program, fundraisers will receive their reward gift card credit in digital form, issued to the email address provided at registration. The value of rewards will be calculated in accordance with the terms of the fundraising program selected by the organisation.
Rewards balances are shown on the user dashboard.
Gift card credit is valid for three (3) years from the date of issue, in line with the requirements of the Australian Competition and Consumer Commission (ACCC)
DIY Fundraising accepts no responsibility for rewards that are lost, deleted, expired, misdirected, or otherwise undeliverable, including where an incorrect or inactive email address has been provided by the registered profile owner.
Gift card credit is not redeemable for cash.
Please contact support@colourblast.com.au for assistance with rewards.
Copyright Concerns
If you believe material on the Website infringes copyright, please provide written notice to DIY Fundraising at:
DIY Fundraising Pty Ltd
2/44 Swanbank Road Raceview QLD 4305
Last updated: July 2023