When you use the Puntalyser Website, Member Dashboard, Release Sheets, Results Forms or use or open any of our Emails, Links or other Files in any way we may, as part of administering your subscription or improving your experience across the website, be required to use your personal information.
We also have several standard policies in place which cover the management of your subscription including things like our refund policy or how you can cancel or upgrade your membership.
These terms and conditions give you the opportunity to better understand how we intend to use any information we may store and exactly how you can expect your membership process to be run.
Whilst we’ve done our best to keep things simple; as this is a fairly dense document there may be some things which aren’t clear so we’re more than happy to hear from you if there is something that you require clarification on!
Last Update: 1st October 2018
Subscriptions & Memberships
At Puntalyser we provide market-leading sports form analysis (“Services”) specialising in the Australian thoroughbred markets in an easy-to-understand format that even the most casual punter can use to help form an edge over the bookmakers.
Whilst most of our communication will be with regards to marketing material for our own service, as well as member-specific updates and general newsletters, we may also occasionally provide links to other services or websites.
Although we may provide some of our Services at no cost to you, the majority of our Services are purchased under a recurring Subscription model which you may cancel at any time.
Further information about our refund, extension and cancellation policies are provided in full below.
Because of the nature of the information which is provided under the Subscription, we do not provide our Services to anyone under the age of 18 nor anyone that could be classified as a problem gambler.
Whilst we are not a Bookmaker and do not provide gambling or casino facilities of any kind the last thing we want is to encourage trouble gambling.
If at any time you feel like you may fall under this classification you can contact us via email or live chat to arrange for self-exclusion from the Services as well as future Marketing or Offers.
In order to ensure that you don’t miss out on important analytics and form information, your Subscription with Puntalyser is automatically recurring at the date provided at check-out and within the member emails sent to your inbox.
Whilst you can cancel your Subscription at any time via live chat, email or the self-serve dashboard, it is your responsibility to manage your Subscription. If you’re having any trouble with this, please contact us right away as we’re more than happy to get you sorted.
By beginning a Subscription with Puntalyser you understand this policy and agree to authorise us to charge your credit card under the Price and Subscription Period that you agreed to upon check-out.
All payment information is kept securely within our payment processor and at no point do the staff at Puntalyser have access to your sensitive bank or credit card details.
Depending on the Subscription type that you chose when signing up, your Subscription will automatically recur at the given period.
As a member you have complete control over your Subscription period and can change this to a variety of options including monthly, quarterly and yearly.
There are no lock-in contracts for membership term and you can make this change at any time via the self-serve dashboard or by emailing us or contacting us via live chat.
There are significant discounts available for longer periods of membership, and any upgrades or downgrades will automatically be pro-rata against the amount you’ve already paid.
At Puntalyser we believe in a “fair-go” Refund policy – our goal is to have you so satisfied that this there is never a need to use it; but we understand that sometimes a Refund is the best way to keep everyone happy.
If at any time you feel that you’d like to arrange a refund, suspension, transfer or credit of your remaining Subscription Period, please contact us via email or live chat and we’ll get you sorted on a case-by-case basis.
You also have statutory rights under Australian Consumer Law which are in addition to our Refund policy.
You may Cancel your Subscription with us at any time. There are absolutely no lock-in contracts or other dodgy policies that stop you from Cancelling.
The easiest way to process a Cancellation is to use the self-serve Dashboard available under the Members Section.
Alternatively, you can contact us at any time via Email or Live Chat and we’ll be able to process it for you manually.
Regardless of how you process a Cancellation, the system will automatically deactivate any future Recurring Periods along with a notification email.
You’ll continue to receive the rest of your Subscription Period as usual. Once your Subscription expires you’ll then instantly lose access to all Releases, detailed Bookmaker results and other Member only Services.
Any special pricing or grand-fathered promotions that you may have available under your Subscription will cease to apply from the Cancellation date and any future use of the Services will need to be done under whatever pricing model is available to you at the time.
When a Recurring Payment fails for any reason (expired card, not enough funds etc.) your Subscription will automatically and instantly be placed on hold and you’ll receive a notification email updating you to the failed payment status.
In order to provide continued access to the Service, we may automatically retry the payment within 12-24 hours of the initial Recurring Payment failure.
As per our Refund and Cancellation policy, you can contact us at any time if you’d prefer us not to do this and we’ll ensure that no automatic payment attempts are made under that particular Subscription.
Until a failed Recurring Payment is rectified you’ll be unable to access any of the Member Services and will no longer receive any of the Puntalyser Releases or Updates.
Occasionally we may offer promotional Trials of the Services – the period of which will be indicated as part of the offer terms as well as reiterated as part of the Checkout process.
During the Promotional Period you can refer to the Members Dashboard or any of the Member Emails that we send out to receive information about the end of your trial period.
As per our Refund and Cancellation policy, you can cancel your Subscription at any time (including during the Trial period) in order to avoid any additional charges.
If you fail to notify us, cancel your Subscription or in some way, shape or form let us know that you’d like to cancel your Trial prior to the recurring charge coming through then your Subscription will be processed as per our Recurring Subscriptions policy.
On top of all this, there is a limit of 1 Trial per Unique Customer and we’ll automatically remove and deny further service to any users found to be abusing or attempting to circumvent this policy.
In the case of a second trial being activated that is identified and tied to your account, we will take this as authorisation to re-activate your original subscription and will immediately charge your card on file.
We will refund any initial charge for the trial and your subscription will continue at the original terms that you agreed upon when signing up.
Once this has been processed, you will once again have complete and instant access to your subscription including all membership management and Premium Member functionality.
We reserve the right to Refuse to provide the Services to anyone at any time, for any or no reason.
In the event that we decide to refuse you service you’ll be refunded the difference of any Subscription Fees less the period used at which point your account will be restricted.
The most common reason for Refusal to provide the Services are that you were found to be abusing the service, if we believe that you have acted maliciously or in bad faith, if you have attempted or succeeded in causing reputational damage to the company, if you are an employee or otherwise related with another commercial entity that could be reasonably considered a competitor to us, if we record you as having been abusive to staff or other members, or if you’ve let us know that you would like to self-exclude.
Sharing of Member information that requires a paid Subscription of any kind is strictly prohibited and we will promptly terminate, without refund, any Members found to be sharing information.
Not only does a vast part of the Subscription constitute our own Intellectual Property but we also use sophisticated tracking and validation systems to identify those users which are breaching, or are attempting to breach, this policy.
Each paying Member is limited to a single paying account which may not be shared with anyone. All activity within that account will fall under the actions of that particular Member for the purpose of determining breach of the Sharing policy.
As confident as we are that our incredible results will continue to provide a fantastic return for Members far into the future, the fact of the matter is that we cannot guarantee that you will be able to achieve this same performance or even that the Bookmakers will make these odds and selections available to you.
Any recommendations made and released to Members via Puntalyser are purely our interpretation of what we think may happen during a particular event, and you must consider your own personal and financial situation and determine whether this information is useful to you.
We recommend that all Members stay up to date on their own results as well as use the various tools available on the Puntalyser website to continue to check that this information is the right choice for you.
By signing up or using any of our services you agree that Puntalyser is not responsible for your own returns, performance or any other aspect financial or otherwise.
As part of the information that we release to Members you may see us refer to a variety of Third Parties including Bookmakers.
Whilst we may record offers and present this as part of our Premium content, these are offers run by a Third Party and there is no guarantee that they will enter into any form of arrangement with you.
Furthermore, whilst we rely on industry information to record prices, this is not a guarantee that these prices will be available to you.
In other words, we cannot give any form of guarantee or warranty, expressed or implied, that this information is valid, true, correct, complete or useful to your particular situation.
Furthermore, we may occasionally provide links to external resources or Third Party sites of which Puntalyser has no control.
By accessing or interacting with these Third Parties you understand and agree that Puntalyser has no responsibility for the content of these resources and you agree that your use is entirely at your own risk.
We will not be responsible for any kind of loss or damage whatsoever arising from your use of third party resources.
Whilst we do our very best to provide accurate information at all times; the information that we may release to Members has not been independently verified.
As such, we do not guarantee that any of the Services offered or statements relating to any part of the business are accurate, up to date or complete.
Furthermore, any statements made as part of the Services or otherwise do not warrant that the goods are fit for a particular purpose or are of satisfactory quality.
We make no guarantee that any Third Party may enter into an agreement with you and we are not responsible for any payments or negotiations between you or any Third Party including entities such as Bookmakers.
If you do choose to use any of the Services offered by Puntalyser, you agree that we will not be held liable and you indemnify us from any loss including but not limited to profit, income, business opportunity or any other direct or indirect loss which results from a failure or delay by us.
Under no circumstances shall Puntalyser or any of its officers or employees be held liable for any loss or damage suffered as a result or use of the Services.
With that being said, we do not exclude any liability required by Australian law.
We, or the entities that we have contracted with or otherwise provide a license to, own or are licensed to use all copyright, database rights, marketing rights and other similar rights and information.
When you become a Premium Member as part of the Services we offer, we are granting you a license to use our information and to reproduce in hard copy said information for your own personal use.
The information that we provide to you as part of the Services may not be reproduced, distributed or transmitted to any other entity, nor can it be incorporated into any document or material without our explicit written approval.
Any hard copies that you retain must retain all copyright and proprietary notices.
We have sophisticated systems in place to identify any Members who may attempt to breach this policy, and we will reserve the right to immediately terminate the Membership, without refund, of anyone found to be in breach.
We also reserve the right to take legal action to the fullest extent permitted by law in order to protect our intellectual property.
Why We May Collect Your Data:
When you interact with any part of the Website, including but not limited to becoming a Member or signing up to any of our Services, we may collect information that allows us to deliver a truly personalised and top-quality experience.
One of the key strategies in which we do this is to provide full self-serve Dashboards and automated Payments which allow you to focus on enjoying our Services and waste less time waiting for a response in order to manage your Subscription.
When we collect this Personal Information we’ll do our best to ensure that it’s available only to authorised parties and entities, as well as to take every possible effort to destroy and remove any Personal Information that is outdated, irrelevant or otherwise not needed.
Whilst we are not required by law to do so, you may also contact us at any time via email or Live Chat in order to have us remove your Personal Information, although this may limit your access to some or all of the Services.
How We Collect Your Data:
When You Sign Up: When you Sign Up to any of our Services including, but not limited to, our Newsletter, Facebook Lead Form, Twitter page, Instagram or any of our other Services we may receive Personal Information such as your name, email address, phone number and billing address. This Personal Information is used to tie any potential Services to your identity as well as to provide a Username and Password for accessing our various Systems.
When You Use our Services: We may collect usage data including email open rates, newsletter clicks, link clicks and anonymous browsing data including things like conversion goals and which campaign or ad you may have arrived to our website from. Furthermore, we may, in the course of your use of the Service, receive additional information whenever you update your payment details.
When You Communicate With Us: We may receive sensitive Personal Information that you send to us. We may also record all conversations sent and save this into a secure database that may be used in the future to provide a more efficient customer service experience.
To Provide The Services: In order to tie a Subscription to your profile we need to create an account and a recurring billing method which will form your User Account. This Personal Information will be stored on our servers in order to administer the Services, and may also be transmitted to a central CMS in order to sync your subscription renewal and payment details with Third Party Services that we use to automate and provide the Services to our members.
To Improve Interest Based Marketing: We may use your Personal Information to personalise your experience including but not limited things like sending you only offers and information that you appear to be interested in, or segmenting users between active and inactive clients. This helps us to not only identify technical and usability issues with the Services, but also means that any promotions and marketing that we do perform are relevant and of interest to you.
To Communicate With You: When we need to get in contact with you we may use your Personal Information to do so. This could include things such as your email address or phone number and will generally be because we need to get in touch with you to reply to an enquiry you’ve sent us, or as part of a marketing communication. You may unsubscribe to newsletters at any time, but you will continue to receive Transactional Emails with regards to your account which will include important communications about your payment details including your receipts, payment detail updates and Cancellations of the Services.
Third Parties That May Receive Your Data:
Payment Processors and Banks: In order for us to take payments, we may pass your Personal Information including billing address and other Personal Information. This information is transmitted securely via SSL and industry standard encryption. In the case of Card and Payment Details such as plain-text Credit Card details (including things such as Card Number, CVC/CVV and Expiry Date) your data is processed directly on the Payment Processor’s servers and is not stored or transmitted in any way to Puntalyser. At no time do our staff, contractors or other entities outside of the Payment Processor have access to this untokenised Payment Information.
CRMs and Marketing Platforms: In order to allow us to provide automated marketing, member updates and other marketing based material, we may provide your data to our secure Third Party platforms. These Third Parties may operate in countries outside of Australia and therefore the use of your Personal Information may be governed by international jurisdictions.
Ad Networks: We use a variety of Ad Networks in order to drive traffic and interest in our website and some of our strategies may include the use of tokenised Lookalike Audiences which may involve passing along some of your Personal Information. This data is usually anonymised with no Third Party having access to the plain-text version of your Personal Information however the exact process is governed by the Terms and Conditions of these Third Parties.
Payment Information: Personal Information that is collected as part of paying for or signing up to any of our Services is kept for compliance reasons for the next 7 years from the date of creation. This may include things such as purchase receipts, credit card settlement records and other payment information that we are required to keep for taxation purposes and as part of our Payment Processor’s Terms and Conditions.
Account Information: Any information that makes up your account, including but not limited to your Name, Email Address, Billing Address, Phone Number, Username and Tokenised Password are kept for 3 years from the date of your last login. At any time you can request that we destroy and remove this data although this may limit your access to the Services.
Usage Information: Anonymous usage data is kept and used indefinitely. This information does not identify you and includes but is not limited to generic metrics such as click through rate, open rate, time on page, bounce rate and the landing page that you arrived on.
How We Keep Your Personal Information Safe:
Encryption: All sensitive payment data is fully encrypted directly with our Payment Processor, meaning that your credit card details never touch our server. All other Personal Information is transmitted to our Server and CRM inside a fully compliant SSL connection using industry leading encryption to ensure that your Personal Information is never sent across the internet in plain text.
Limited Access: In order to gain access to your Personal Information, Employees and Contractors of Puntalyser Pty. Ltd. need to have account access tied to their profile. Only those Employees and Contractors who need to access the Personal Information in order to manage your Subscription will be able to see any of your data. At no point is unauthenticated access to your Personal Information made available from our system.
Cloud Storage: We utilise the very latest in distributed storage and encryption frameworks, with none of your Personal Information stored on our premises or available in hard-copy. This significantly reduces the likelihood of accidental leaks, and with server level access only being possible via authentication with an incredibly strong private/public key certificate this is a significantly more secure way to manage and store Personal Information.
Cookies are small bits of information stored on your computer that allow us to administer the Services.
Whenever you access or use the Service in any way, shape or form, we may store a Cookie on your device in order to allow us to do things such as identify conversions, authenticate a user session, to show and hide messages that you’ve previously seen or to allow you to continue a Live Chat as well as for general security purposes.
None of our Services are intended for use or consumption by Children or Minors under the age of 18.
We do not knowingly collect the information of Children or Minors, and if you are under the age limit, please do not provide any Personal Information to us and please do not use any of the Puntalyser Services.
If you are the Parent of a Child or Minor and become aware that your Child may have provided Personal Information to us or is using the Service in any way, shape or form, please contact us immediately via Live Chat or Email so that we can remove this information and block access to the Service.
When we do this and have made material changes to the policy we will provide you with a prominent notice within the Service or by providing notification via Email.
Because these updates may affect your usage of the Services, please ensure that you read any and all notices carefully and get in contact with us via the Live Chat or via Email if at any time you do not agree to these terms.
Your continued use of any of our Services including accessing the website, reading emails or in any way shape or form continuing to interact with the platform will indicate that you have read and agree to these terms and conditions.
If you have any questions, queries, comments or concerns you can contact us at any time via the Live Chat or via Email.
Alternatively, you may contact us below at our registered Company Address:
Puntalyser Pty. Ltd.
Suite 3, Level 27
Governor Macquarie Tower
1 Farrer Place
Sydney NSW 2000