On The Nose

1. Introduction and Acceptance

1.1 These Terms and Conditions (“Terms”) apply to the services provided by OnTheNosePunting (“we”, “us”, “our”) through www.onthenosepunting.com.au (“Website”) and related services (“Services”).

1.2 By accessing or using the Website or Services, you agree to be bound by these Terms. You accept these Terms by:
(a) registering or creating an account;
(b) subscribing to Services;
(c) ticking acceptance boxes;
(d) confirming acceptance by email;
(e) instructing us to proceed; or
(f) making any payment.

1.3 You confirm you are at least 18 years of age. We may require identification and may refuse or terminate access if age cannot be verified.

1.4 If you do not agree to these Terms, you must not use the Website or Services.

2. Nature of Services

2.1 We provide horse racing information services, including:
(a) subscription-based tipping services;
(b) one-off tips and recommendations; and
(c) informational analysis content.

2.2 The Services are for informational and entertainment purposes only and do not constitute financial advice.

2.3 We do not operate as a bookmaker, accept bets, or facilitate wagering.

2.4 We do not guarantee any outcomes, results, or financial returns.

3. Account Registration and Use

3.1 To access Services, you may be required to register and provide accurate, complete, and up-to-date personal information.

3.2 You are responsible for maintaining the confidentiality of your account credentials.

3.3 We may suspend or terminate accounts for breach of these Terms or suspected misuse.

4. Subscriptions, Fees and Payment

4.1 Subscription Services are offered on a recurring monthly basis unless cancelled.

4.2 By subscribing, you authorise us to automatically charge your nominated payment method each billing cycle.

4.3 Fees are in Australian dollars and include GST where applicable.

4.4 Payments are processed via third-party providers (e.g. Stripe). We are not responsible for third-party processing issues.

4.5 Failure to pay may result in suspension or termination of Services.

4.6 Subscription fees may change from time to time. Continued use constitutes acceptance of updated pricing.

5. Cancellation and Refunds

5.1 You may cancel your subscription at any time by following the cancellation process provided by us.

5.2 Cancellation takes effect at the end of the current billing period.

5.3 Fees are non-refundable except where required by law or at our sole discretion.

6. User Obligations

6.1 You agree:
(a) not to misuse the Website or Services;
(b) not to share, resell, or distribute Service content;
(c) not to use automated systems to access Services;
(d) to provide accurate information; and
(e) to comply with all applicable laws.

6.2 You must not attempt to solicit or interfere with our employees or contractors.

6.3 You are responsible for all decisions made based on the Services.

7. Intellectual Property

7.1 All content, materials, and Services are owned by or licensed to us and are protected by intellectual property laws.

7.2 You are granted a limited, non-transferable, personal licence to use the Services.

7.3 You must not copy, modify, reproduce, resell, or commercially exploit any materials without our written consent.

8. Confidentiality

8.1 All Service content is confidential and for your personal use only.

8.2 You must not disclose or share any confidential information provided through the Services.

8.3 These obligations survive termination of your subscription.

9. Privacy

9.1 We collect and handle personal information in accordance with our Privacy Policy.

9.2 By using the Services, you consent to such collection and use of your information.

10. Service Availability and Changes

10.1 We may modify, suspend, or discontinue the Website or Services at any time.

10.2 We do not guarantee uninterrupted or error-free access.

10.3 We are not responsible for delivery failures caused by third-party systems (including email or SMS providers).

11. Third-Party Services

11.1 We may use third-party providers to deliver Services.

11.2 We are not responsible for third-party services, products, or outcomes.

11.3 Links to third-party websites are provided for convenience only.

12. Disclaimers

12.1 The Services are provided on an “as is” basis.

12.2 We make no warranties regarding accuracy, reliability, or completeness of information.

12.3 All decisions made based on the Services are your responsibility.

12.4 We are not liable for gambling losses or decisions made by users.

12.5 Past performance does not guarantee future results.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, our liability is limited to:
(a) resupply of Services; or
(b) refund of fees paid in the preceding 12 months.

13.2 We are not liable for indirect, incidental, or consequential loss, including loss of profit or opportunity.

13.3 We are not responsible for delays or failures outside our reasonable control.

14. Indemnity

14.1 You agree to indemnify us against any claims, losses, damages, liabilities, or expenses arising from:
(a) your breach of these Terms;
(b) your misuse of Services; or
(c) inaccurate information provided by you.

15. Termination

15.1 You may terminate with 7 days’ written notice.

15.2 We may terminate immediately if:
(a) you breach these Terms;
(b) required by law;
(c) your conduct damages our reputation; or
(d) Services become commercially unviable.

15.3 Upon termination, no refunds are provided except as required by law.

16. Dispute Resolution

16.1 Parties must attempt to resolve disputes in good faith before commencing legal proceedings.

16.2 If unresolved, disputes must proceed to mediation before court action.

17. Responsible Gambling

17.1 Our Services are intended for responsible recreational use only.

17.2 Gambling carries financial risk and users may lose money.

17.3 We strongly encourage responsible gambling and may restrict access where problem gambling is suspected.

17.4 Support is available via the Gambling Help Line: 1800 858 858.

18. General

18.1 These Terms are governed by the laws of New South Wales, Australia.

18.2 We may amend these Terms at any time. Continued use constitutes acceptance of updated Terms.

18.3 If any provision is invalid, the remainder remains enforceable.

18.4 These Terms constitute the entire agreement between the parties.

19. Contact

For enquiries, cancellations, or support, contact: @Support in the discord - you may email support@onthenosepunting.com.au but replies will be very slow, we recommend direct contact on discord
			

This Privacy Policy explains how we collect, use, store, and protect your personal information when you use our website, log in with Discord, or purchase a subscription through Stripe.

By using our website or providing your personal information, you agree to the collection and use of your information as described in this policy. If you do not agree, you should not provide your personal information, although this may limit your ability to use some features or services.

1. What personal information we collect

We may collect the following types of information:

- Discord account information provided through Discord OAuth, such as your Discord user ID, username, and server membership information
- Information needed to link your Discord account to your Stripe subscription, such as your Discord user ID and Stripe customer ID
- Subscription information from Stripe, such as whether your subscription is active, trialling, cancelled, or otherwise changed
- Information needed to grant, remove, or verify Discord roles based on your subscription
- Server-side session data used to keep you logged in
- Session cookies and OAuth-related cookies
- Technical information automatically processed when you access the website, such as IP address, browser information, request logs, and security-related metadata

Payment details are processed by Stripe. We do not directly store full credit card numbers. We may store or access Stripe identifiers and subscription information needed to provide subscription-based Discord access.

We receive limited account and subscription information from Discord and Stripe where needed to provide login, checkout, billing portal access, and Discord role access.

2. How we collect information

We collect personal information when you:

- Log in using Discord
- Start a subscription checkout through Stripe
- Open the Stripe billing portal through our website
- Access pages on our website
- Join or interact with the relevant Discord server
- Have subscription changes reported to us by Stripe, such as subscription creation, update, or cancellation

We may also process technical information automatically for security, session handling, diagnostics, and normal website operation.

3. How we use your information

We use your personal information to:

- Provide access to our website and subscription-based Discord features
- Let you log in using Discord
- Start Stripe checkout sessions
- Redirect you to the Stripe billing portal
- Check subscription status through Stripe
- Grant, remove, or verify Discord roles based on subscription status
- Keep you logged in using server-side sessions
- Prevent duplicate or invalid subscription flows
- Process subscription lifecycle events reported by Stripe
- Communicate with you about your account or enquiries
- Meet legal and regulatory obligations
- Prevent fraud, disputes, abuse, or misuse of our services
- Diagnose errors, security issues, or service problems

We do not directly process card payments ourselves. Stripe handles payment collection and billing details.

4. Discord access and roles

If you connect through Discord or purchase a subscription, we may check whether your Discord account is in the relevant server and may automatically grant or remove Discord roles based on your subscription status.

We store the identifiers needed to link your Discord account to your Stripe subscription. This may include your Discord user ID and Stripe customer ID.

5. Disclosure of personal information

We may share your personal information with:

- Service providers who help operate the website and subscription service, including hosting providers, Discord, Stripe, and technical infrastructure providers
- Discord, where needed to verify server membership and assign or remove roles
- Stripe, where needed to create checkout sessions, create or identify customers, provide billing portal access, and receive subscription status updates
- Employees, contractors, and related business entities
- Professional advisors, such as legal or accounting services
- Regulators, courts, or law enforcement where required by law
- Any organisation that acquires or merges with our business

Some of these service providers may be located outside Australia. Where this occurs, we take reasonable steps to ensure your information is protected.

We do not sell or rent your personal information. We will only share it where necessary for business operations, legal compliance, or with your consent.

6. Cookies and tracking technologies

We use cookies and similar technologies to:

- Maintain login sessions
- Support Discord OAuth security
- Improve website functionality
- Remember user preferences where applicable
- Support security, diagnostics, and normal website operation

We use session cookies, including cookies for login sessions and Discord OAuth state. These cookies may identify your session but do not themselves contain your full account or payment details.

You can disable cookies through your browser settings, but some website features may not function properly.

7. Data security

We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access.

Security measures may include:

- Secure servers and encrypted connections for website access, Discord login redirects, Stripe checkout, and Stripe billing portal redirects
- Server-side session storage
- Access controls
- Administrative and technical safeguards

However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

8. Your rights and choices

You have the right to:

- Access the personal information we hold about you, in certain circumstances
- Request corrections to inaccurate or outdated information
- Restrict or withdraw consent for certain uses of your information, where applicable
- Request deletion of personal information, where applicable and subject to legal or operational retention requirements

You may contact us to make any of these requests.

9. Marketing communications

We do not currently send marketing communications through this service.

If this changes, we will only send marketing where permitted by law and will provide a way to opt out.

10. Data retention and accuracy

We take reasonable steps to ensure your information is accurate, complete, and up to date. You are encouraged to notify us if your details change.

Server-side login session data is temporary and expires automatically. Session cookies are configured with an expiry period.

Subscription linkage data, such as Discord user ID and Stripe customer ID, may be retained while needed to provide Discord access, handle subscription issues, prevent fraud or abuse, comply with legal obligations, resolve disputes, or enforce agreements.

We may retain your information for as long as necessary to provide services, comply with legal obligations, resolve disputes, or enforce agreements.

11. Overseas storage and transfers

Your personal information may be stored or processed outside Australia by our service providers, including Discord, Stripe, hosting providers, and technical infrastructure providers.

Where this occurs, we take reasonable steps to ensure your data is handled securely and in accordance with applicable privacy standards.

12. Links to other websites

Our website may contain links to external sites, including Discord and Stripe. We are not responsible for the privacy practices or content of those websites, and this Privacy Policy does not apply to them.

13. Complaints

If you believe we have mishandled your personal information or breached privacy laws, you can contact us to lodge a complaint.

We will investigate and respond within a reasonable timeframe. If you are not satisfied with our response, you may contact the relevant privacy authority in your jurisdiction, such as the Office of the Australian Information Commissioner in Australia.

14. Changes to this policy

We may update this Privacy Policy from time to time. Any changes will take effect once published on our website. Continued use of our website indicates acceptance of the updated policy.