Punters Picks Australia Pty Ltd

Terms And Conditions

The applicant acknowledges the following:

All data and software provided by the provider is supplied under license only with all rights reserved by the respective intellectual property rights holders, and that no data, software or other information will be disclosed to any third party without express written permission.

No data or derivative data will be stored, rebroadcast, published, on-sold, or used for any purpose other than immediate analysis and/or display on a single computer. This also applies to temporary files stored by software provided which are copyright and subject to these same conditions.

Access to, and viewing of, information feeds is only permitted to trial users and fully paid up subscribers and rights to use the information may be revoked at any time (with pro-rata refund) without warning should one of the respective intellectual property rights holders or Punters Picks Australia Pty LTd ("The Provider") deem it necessary.

The Provider and/or its sources reserve the right to seed the data with slightly modified, non-critical information in the course of any investigation of piracy of information.

On termination or expiry of a subscription period, the applicant may either re-subscribe to the service, or destroy all copies of software and data held that were supplied by The Provider.

These terms and conditions are subject to change and such changes will be published on the punterspicks.com website in the form of a new version of this application form. Current terms and conditions should be reviewed at each renewal point.

Privacy of Your Information

All payments are made with the Stripe or PayPal online payment system for your security. Your credit card details are entered on the Stripe or PayPal secure server and never presented to Punters Picks Australia Pty Ltd, only the result of the transaction is presented to us and recorded on our server.

• These are the terms of the subscription agreement between you and Punters Picks Australia Pty Limited (ACN 664 400 211) (Punters Picks Australia Pty Ltd) for the subscription and supply of certain data relating to thoroughbred, harness or greyhound races, encoded by Punters Picks Australia Pty Ltd (Data). 

  
  

  Limited right to access the Data

• During the term of this agreement, you have a non-exclusive right to receive the Data from Punters Picks Australia Pty Ltd in an encoded feed accessed via punterspicks.com.

  
  

  Condition precedent

• Your right to receive the Data does not arise unless and until all of the relevant Source Providers have given their approvals for Punters Picks Australia Pty Ltd to supply the Data to you. Punters Picks Australia Pty Ltd will notify you when the approvals have been given. If the Source Providers does not give their approval, then Punters Picks Australia Pty Ltd may cancel this agreement without liability to you.

• You hereby consent to the disclosure of this agreement and your details by Punters Picks Australia Pty Ltd to its Source Providers

  
  

  Restrictions and conditions of access

• You may only access and use the Data supplied by Punters Picks Australia Pty Ltd for personal self-entertainment purposes and not for any business or commercial purpose. In particular, you must not:

  • create or produce any Enhanced Data or feeds of the Data;

  • copy or reproduce any part of the Data;

  • disclose, communicate or Supply the Data or any Enhanced Data to any person; or

  • sell, sublicense or transfer your subscription or this agreement to any person.

• You warrant that you are not a Wagering Operator, Wagering Operator Associate or an operator of a Casino Website. This agreement (and your subscription to the Data) terminates automatically if you become any of them.

  
  

  Security

• You must treat the Data as confidential information of Punters Picks Australia Pty Ltd, and must take all necessary steps to protect the Data from unauthorised access or use. You must immediately notify Punters Picks Australia Pty Ltd if you are aware or suspect that the Data is used not in accordance with this agreement.

  
  

  Technical matters

• You are responsible for having all the necessary and compatible software, hardware and telecommunications services to receive and decode the Data.

• Punters Picks Australia Pty Ltd will use reasonable endeavours to make the Data available for access. However, Punters Picks Australia Pty Ltd does not warrant that the Data or its access will be uninterrupted, error free or accessible when required. Punters Picks Australia Pty Ltd may suspend your access of the Data from time to time (including where Punters Picks Australia Pty Ltd is required to do so by law or by the Source Providers).

  
  

  Intellectual Property

• You acknowledge that the Data contains copyright materials of Punters Picks Australia Pty Ltd and the Source Providers. All intellectual property rights in the Data remain at all times with the relevant owners. You do not acquire any rights or interests in the Data.

• You must not amend or remove any copyright notice or disclaimers from the Data.

  
  

  Termination

• You can cancel your subscription at any time by notice to Punters Picks Australia Pty Ltd.

• Punters Picks Australia Pty Ltd may terminate this agreement by notice to you if you commit a breach of this agreement or become insolvent.

  
  

  Liability

• The Data is aggregated from various sources which are outside the control of Punters Picks Australia Pty Ltd. To the extent permitted by law, Punters Picks Australia Pty Ltd does not give any, and excludes all, representations, warranties, terms, conditions, undertakings and consumer guarantees in respect of the Data or its supply, including without limitation as to the accuracy or timeliness of the Data or that the Data is suitable for any particular purpose or will achieve a particular outcome.

• To the extent permitted by law, none of Punters Picks Australia Pty Ltd and the Source Providers is liable to you for any damages arising from or in connection with the Data or its supply or access (whether direct or indirect, or consequential, punitive or exemplary, even if Punters Picks Australia Pty Ltd has been advised of the possibility of such damages).

• To the extent permitted by law, you must indemnify Punters Picks Australia Pty Ltd from and against any claim brought against Punters Picks Australia Pty Ltd by any one in connection with this agreement, or your use of or access to the Data, except where the claim is caused by Punters Picks Australia Pty Ltd’s wilful misconduct.

  
  

  Mandatory variations

• The availability of Data depends upon permissions and services from the Source Providers. Punters Picks Australia Pty Ltd may from time to time vary the terms of this agreement by giving you reasonable notice of the variation. If the proposed variation materially alters the terms of this agreement and you do not accept the variation, then you may terminate this agreement by notice to Punters Picks Australia Pty Ltd at any time prior to the expiry of the notice. On expiry of the notice, you are deemed to have accepted the variation set out in the notice.

  
  

  General

• If anything in this agreement is unenforceable, illegal or void then it is severed and the rest of this agreement remains in force.

• This agreement is governed by the laws of Queensland and each party submits to the non-exclusive jurisdiction of the courts of Queensland.

• All notices must be in writing. A notice will be taken to be given to you if it is sent to any address which you have provided to Punters Picks Australia Pty Ltd.

  
  

  Definitions

• "Casino Website" means any website that: (a) provides online facilities for users to play, via the website, games usually played in or commonly associated with casinos; (b) provides information to users in relation to casinos generally, or one or more casinos in particular; (c) encourages users to visit casinos generally, or one or more casinos in particular, in person; or (d) encourages, whether by providing hyperlinks or otherwise, users to visit any website that does one or more of the above.

• "Enhanced Data" means anything derived in whole or in part from the Data, including by manipulating the data, or its layout or presentation.

• "Source Provider" means a supplier of the data which is encompassed in the Data, including without limitation Racing Australia Limited, Tabcorp Holdings Limited and TAB Limited.

• "Supply" means to provide, distribute or publish, either directly or indirectly, whether in hard copy or electronically or by granting access via a website or otherwise.

• "Wagering Operator" means a person who, from time to time, offers and/or supplies any wagering or betting activities to any other person, including totalisator operators, bookmaker and the operator of a betting exchange.

• "Wagering Operator Associate" means a person who is supplying, directly or indirectly, any type of data relating to thoroughbred, harness or greyhound races to a Wagering Operator, whether or not that person is employed by or contracted to that Wagering Operator;

• "You" means the customer whose details appear on the Application Form

By ticking the "I Agree to the Terms and Conditions" check box button upon signing up for an account on punterspicks.com, you acknowledge that you have read and understood the above and agree to abide by all terms and conditions.