TERMS & CONDITIONS

1. Definitions and Interpretation

In these Terms, unless the context otherwise provides:

- "Business" means The Podium Collective, operated by individuals based in New Zealand trading under the business name The Podium Collective.

- "Service" means the educational horse racing analysis, form analysis, previews, commentary, and post-race reviews provided via the Members Community Portal.

- "Members Community Portal" means the private online platform where Content is delivered.

- "Content" means all educational materials, tips, analysis, commentary, previews, and reviews provided via the Service.

- "Subscriber" means an individual who has created an account and paid the applicable subscription fee.

- "Subscription Fee" means the monthly or seasonal charge for access to the Service.

- "Billing Cycle" means the recurring subscription period (monthly for VIP and Best Bets; fixed-term seasonal for other offerings).

- "Personal Information" means information about an identified or reasonably identifiable individual, as defined under applicable privacy laws.

- "Stripe" means Stripe Inc. and its affiliates, the third-party payment processor.

- "Terms" means these Terms & Conditions as amended from time to time.

- "You" / "Your" means each Subscriber.

- "We" / "Our" / "Us" means The Podium Collective.

2. Introduction

The Podium Collective operates an educational horse racing analysis service. We provide informational and educational content designed to assist members in understanding horse racing form, analysis, and betting strategies. The Service is not a gambling platform, bookmaker, or wagering facilitator, and does not process, place, or settle bets on behalf of members.

The Service is available only to individuals aged 18 years or over who are legally entitled to participate in wagering in their jurisdiction.

3. Acceptance of Terms

3.1 By accessing the Members Community Portal, creating an account, or subscribing to the Service, you agree to be bound by these Terms and all applicable laws.

3.2 You represent and warrant that:

- You are at least 18 years of age.

- You are legally entitled to participate in wagering in your jurisdiction.

- You have the full legal capacity to enter into this agreement.

3.3 If you do not agree to these Terms, you must cease access to the Service immediately.

3.4 We may modify these Terms at any time. We will provide 30 days' written notice of material changes. Your continued use of the Service following notification constitutes acceptance of amended Terms.

4. Educational Disclaimer and No Guarantees

4.1 Nature of Content: The Content is educational and informational only. It reflects the subjective opinions, analysis, and commentary of our contributors and does not constitute financial advice, betting advice, gambling inducement, or investment advice.

4.2 No Guarantees: We make no guarantee of profit, winnings, return on investment, or any financial outcome from the use of the Service or Content. Horse racing is volatile and inherently risky. Even with sound systems, disciplined execution, and bankroll management, losses can and do occur. Past performance is not indicative of future results.

4.3 Informational Purpose: The Service is designed to educate members about horse racing form analysis and betting strategies. All decisions regarding wagering are yours alone, made independently of any recommendations or analysis provided by The Podium Collective.

4.4 Your Responsibility: You acknowledge that you are solely responsible for:

- Your own betting decisions and the consequences thereof.

- Verifying all information through independent sources before placing wagers.

- Conducting your own risk assessment and money management.

- Complying with applicable wagering laws in your jurisdiction.

4.5 No Liability for Losses: To the extent permitted by law, we accept no responsibility or liability for any direct, indirect, or consequential losses, damages, or costs arising from:

- Your use of the Service or Content.

- Your reliance upon any Content.

- Your wagering decisions or outcomes.

- Any financial loss incurred through wagering.

4.6 Verification of Data: You must verify all race information, fields, odds, and conditions with official sources (for example, TAB or racing authorities) before wagering. We do not guarantee the accuracy of data sourced from third parties.

5. Responsible Gambling

5.1 The Podium Collective supports responsible gambling. Gambling should only be treated as a form of entertainment. We encourage members to:

- Set personal betting limits before commencing.

- Only wager money they can afford to lose.

- Take regular breaks from wagering.

- Avoid chasing losses.

5.2 Support Services: If you require assistance with problem gambling, please contact:

- Gamblers Help (Australia): 1800 858 858 or gamblinghelponline.org.au

- Gambling Helpline (New Zealand): 0800 654 655 or problem-gambling.org.nz

5.3 Self-Exclusion: If you believe you have a gambling problem and wish to exclude yourself from the Service, you may contact us to request account suspension. We will suspend your account indefinitely upon such request.

6. Subscription, Billing, and Payment

6.1 Subscription Types: We offer:

- Monthly subscriptions (VIP and Best Bets): Recurring each month until cancelled.

- Seasonal subscriptions: Fixed-term access for a defined period; these do not automatically renew.

6.2 Pricing and Currency: All prices are quoted in Australian Dollars (AUD). Any applicable taxes will be clearly stated at checkout.

6.3 Payment Processing: Subscription Fees are processed via Stripe. By subscribing, you authorize recurring charges to your nominated payment method in accordance with your selected Billing Cycle. The Podium Collective does not store or retain your payment details; all payment information is managed by Stripe under its own terms and privacy policy.

6.4 Automatic Renewal (Monthly Subscriptions): Monthly subscriptions (VIP and Best Bets) automatically renew at the end of each monthly billing period unless cancelled by you through the Stripe Customer Portal or by contacting us.

6.5 No Automatic Renewal (Seasonal Subscriptions): Seasonal subscriptions expire automatically at the end of the stated term and will not be renewed or charged again unless you actively purchase a new season.

6.6 Failed Payments: Stripe will attempt to process your subscription payment according to its retry schedule. If payment ultimately fails after retry attempts, your access will be suspended and the subscription will terminate. To regain access, you will need to create a new subscription using the same sign-up process as your initial subscription.

6.7 Price Changes: We may increase Subscription Fees upon 30 days' written notice. Price increases apply only to future Billing Cycles. Continued use of the Service following notice constitutes acceptance of the new price.

7. Cancellation and Access

7.1 How to Cancel: You may cancel your subscription at any time via the Stripe Customer Portal or by contacting us in writing. Cancellation takes effect immediately for billing purposes.

7.2 Access Following Cancellation:

- For monthly subscriptions: If you have paid in advance, you will retain access until the end of the current paid Billing Cycle, after which access will cease and no further charges will apply.

- For seasonal subscriptions: You will retain access until the end of the fixed season term. No pro-rata refund is provided for early cancellation, except where required by law.

7.3 Removal of Access: We may immediately remove your access to the Service without refund if:

- Your subscription payment is not received.

- You breach these Terms.

- You violate responsible gambling policies.

- You engage in unauthorised sharing of Content (Section 11).

7.4 Reactivation: If you cancel and later wish to reactivate, you may re-subscribe. We may require re-verification of information.

8. Refund Policy

8.1 General Policy: Subscription Fees are non-refundable once purchased. This includes:

- Change of mind.

- Dissatisfaction with perceived content quality.

- Personal circumstances.

- Failure to use the Service.

8.2 Mandatory Consumer Protections: Nothing in these Terms is intended to exclude or limit any mandatory consumer protections that apply to you under the law of your usual residence, including (where applicable) the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993.

If the Service fails to meet applicable consumer guarantees:

- For major failures, you may be entitled to cancel and receive a refund of the unused portion of your Subscription Fee.

- For minor failures that cannot be remedied, you may be entitled to compensation or refund.

8.3 Process for Refund Requests: To request a refund on consumer law grounds:

- Contact us in writing at [email protected].

- Provide details of the issue and how the Service has failed to meet consumer guarantees.

- We will assess your request and respond within 14 days.

9. Use of the Service and Account Security

9.1 Your Account: You are responsible for:

- Maintaining the confidentiality of your account login details.

- All activity that occurs under your account.

- Notifying us immediately if you suspect unauthorised use.

9.2 Prohibited Conduct: You must not:

- Share your account login or Content with any third party.

- Use the Service for any illegal or unauthorised purpose.

- Attempt to reverse engineer, copy, or reproduce any Content or software.

- Use automated systems (bots, scrapers) to access the Service.

- Interfere with or disrupt the Service or servers.

- Impersonate another person or entity.

9.3 Suspension for Breach: We reserve the right to suspend or terminate your account immediately without refund if you breach these Terms.

10. Intellectual Property

10.1 Ownership: All Content, including text, graphics, logos, images, analysis, data, software, and other materials provided via the Service, is owned by or licensed to The Podium Collective and is protected by copyright, trademark, and other intellectual property laws.

10.2 Limited Licence: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content solely for your personal, non-commercial use.

10.3 Restrictions: You must not:

- Copy, reproduce, distribute, or publicly display any Content without our prior written consent.

- Modify, adapt, translate, or create derivative works from the Content.

- Use the Content for commercial purposes or financial gain (including resale or redistribution).

- Remove or alter any copyright, trademark, or proprietary notices.

10.4 Enforcement: Unauthorised use of Content may result in immediate termination of your account and may expose you to civil and/or criminal liability.

11. Content Sharing and Redistribution Prohibited

11.1 Personal Use Only: Your subscription is for your personal use only. You must not share, forward, redistribute, or otherwise make available any Content to any third party, whether for free or for payment.

11.2 Prohibited Sharing Activities:

- Posting Content to public forums, social media, websites, or chat groups.

- Forwarding emails, screenshots, or documents containing Content to non-Subscribers.

- Providing login credentials to others.

- Creating derivative works based on our Content for distribution.

11.3 Monitoring and Enforcement: We may monitor activity and take appropriate action if we believe these Terms have been violated, including:

- Immediate suspension or termination of your account without refund.

- Legal action to recover damages and enforce intellectual property rights.

- Reporting to relevant authorities if criminal activity is suspected.

11.4 Exceptions: You may share general information about The Podium Collective's existence or services, but not the specific Content, analysis, or recommendations provided to Subscribers.

12. Results Tracking and Transparency

12.1 Publication of Results: We will publish all Key Play results (our highest-conviction selections) from our public launch onwards. Results will be made available via the Members Community Portal.

12.2 Historical Performance: We do not currently have full publicly tracked results, as our offerings have been run privately to date. We have provided examples of winning and losing days from last spring to illustrate the type of performance variance Subscribers should expect.

12.3 Lower-Confidence Plays: We may share lower-confidence ideas and exotic thoughts (for example, quaddies or multis). These selections will be clearly labelled and may not be tracked in the same systematic way as Key Plays.

12.4 No Performance Guarantees: Publication of results is for transparency only and does not constitute a guarantee of future performance. Past results do not predict future outcomes.

13. Limitation of Liability

13.1 General Limitation: To the maximum extent permitted by law, The Podium Collective, its directors, officers, employees, agents, and contractors are not liable for any:

- Direct, indirect, incidental, special, consequential, or punitive damages.

- Loss of profits, revenue, data, or business opportunities.

- Personal injury or property damage arising from your use of the Service.

13.2 Service Availability: We do not guarantee that:

- The Service will be uninterrupted, timely, secure, or error-free.

- Content will be accurate, complete, or current.

- Defects will be corrected.

- The Service or servers are free from viruses or harmful components.

13.3 Consumer Law Protections: Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies that cannot be excluded under applicable consumer protection laws (including the Australian Consumer Law or New Zealand Consumer Guarantees Act 1993). Where such laws apply and cannot be excluded, our liability is limited to the maximum extent permitted by those laws.

14. Indemnity

You agree to indemnify and hold harmless The Podium Collective, its team, and partners from any claims, losses, damages, or expenses that arise from:

- Your use of the Service.

- Your breach of these Terms.

- Your violation of any law or regulation.

- Your infringement of any third-party rights.

15. Privacy and Data Protection

15.1 Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

15.2 By using the Service, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

15.3 We collect and process personal information in accordance with applicable privacy laws, including the New Zealand Privacy Act 2020 and the Australian Privacy Act 1988 (where applicable).

16. Termination

16.1 Termination by You: You may terminate your subscription at any time in accordance with Section 7 (Cancellation and Access).

16.2 Termination by Us: We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including:

- Breach of these Terms.

- Suspected fraudulent, abusive, or illegal activity.

- Non-payment of Subscription Fees.

- Request from law enforcement or regulatory authorities.

16.3 Effect of Termination: Upon termination:

- Your right to access the Service ceases immediately.

- You remain liable for any outstanding Subscription Fees.

- Sections of these Terms that by their nature should survive (including intellectual property, limitation of liability, and indemnity) will continue to apply.

17. Dispute Resolution and Governing Law

17.1 Governing Law: These Terms are governed by and construed in accordance with the laws of New Zealand. You irrevocably submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or in connection with these Terms.

17.2 Dispute Resolution Process: Before commencing formal legal proceedings, you agree to:

- Notify us in writing of the dispute at [email protected].

- Provide reasonable time (30 days) for us to attempt to resolve the matter informally.

17.3 Consumer Law Rights: Nothing in this section limits any rights you may have under applicable consumer protection laws to bring proceedings in another jurisdiction.

18. General Provisions

18.1 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Podium Collective regarding the Service and supersede all prior agreements or understandings.

18.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18.3 Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

18.4 Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 No Agency: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and The Podium Collective.

18.6 Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, labour disputes, or internet service failures.

19. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

The Podium Collective

Email: [email protected]

Response Time: We aim to respond to all enquiries within 5 business days.

20. Acknowledgment and Acceptance

By subscribing to the Service, you acknowledge that:

- You have read, understood, and agree to be bound by these Terms.

- You have read and understood the Privacy Policy.

- You are at least 18 years of age and legally entitled to participate in wagering in your jurisdiction.

- You understand that horse racing is volatile and inherently risky, and that no guarantees of profit are provided.

- You are using the Service for educational purposes and accept full responsibility for your own betting decisions.