Limitation of Liability

The use of the SULKY.APP platform or any related application is conducted at your own risk. The SULKY.APP platform is provided on an "as is" and "as available" basis. To the fullest extent possible under applicable law, Arbit Each Way Pty Ltd (ACN 116 475 408) (SULKY) gives no warranty, express or implied, as to the quality, content, merchantability and availability or fitness for a specific purpose of the SULKY.APP platform. No oral or written information or advice given by SULKY, its agents, or its employees, at any time shall create a warranty of any kind. In no event shall SULKY, its affiliates, officers, directors, employees, licensees or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the SULKY.APP platform. Any unauthorized use of protected material within the content, which would constitute an infringement of third party rights is strictly prohibited. You do declare that you indemnify, keep harmless from any third party claim or demand our SULKY, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders for any liability from the unauthorised use of copyrighted material and fully pay on their behalf or reimburse them any and all direct and indirect damages they may suffer.

Gambling Disclaimer

For the avoidance of doubt and in the interests of clarity, it is noted that:

  • The SULKY.APP website is provided for informational and entertainment purposes only. There is no gaurantee that the information provided on this website will lead to success or profit. Punters are to form their own opinion on the outcome of a harness racing event. Bet at your own risk.
  • The SULKY.APP website attempts to provide the latest harness racing information, however there may be instances where that information is incorrect. SULKY.APP takes no responsibility for this information being incorrect. Where possible SULKY.APP will attempt to rectify this information in a timely manner.
  • SULKY assumes that a proportion of users will utilise the information provided by the SULKY.APP website to place bets on harness races. SULKY also assumes that a proportion of customers (e.g. Horse trainers, Drivers and Owners) will utilise the information provided for non-betting purposes.
  • The SULKY.APP website contains gambling information - it is a legal requirement that customers that have the intention to bet on harness races must be 18 years or older. SULKY encourage all punters to gamble responsibly. Always bet within your means and stop if harness racing punting is no longer enjoyable. SULKY cannot be held responsible for punters who use information on this website in an inappropriate way.

Effective 31 May 2024

Please read the following important notices regarding the various Terms and Conditions for use of the SULKY.APP websites and related Arbit Each Way Pty Ltd sites ('the service'). Users of this Service agree to be bound by these Terms and Conditions and appicable law. Accessing of the SULKY.APP websites indicates acceptance of these Terms and Conditions.

Copyright Notice

All information, text, material, graphics, software and advertisements on this URL ('the site') including page content (where applicable) contained within the Site (and other affiliated sites) ('the content') is copyright. The Content is protected by Australian and international copyright and trademark laws.

Copyright in all SULKY materials is owned by Arbit Each Way Pty Ltd. All rights reserved.

All brands, images, trademarks, names are copyright of their respective owners.

Any queries regarding this or other matters should be forwarded to support@sulky.app.

Joint Venture

This site is maintained by Arbit Each Way Pty Ltd (ABN 15 116 475 408). Nothing in the site or otherwise should be deemed or construed as creating a joint venture, partnership or agency relationship between Arbit Each Way Pty Ltd and any other organisation.

Permissions and Restrictions

You may access and use the Service as made available to you, as long as it is for personal, non-commercial use, provided you do not modify the Content in any way (including any copyright notice).

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:
    • as expressly authorised by the Service; or
    • with prior written permission from Arbit Each Way Pty Ltd and, if applicable, the respective rights holders;
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that
    • prevent or restrict copying or other use of Content or
    • limit the use of the Service or Content;
  3. access the Service (including underlying computer programs, application programming interfaces ("APIs"), domain names, uniform resource locators ("URLs"), databases and functions) using any automated means (such as robots, botnets or scrapers) except
    • in the case of public search engines, in accordance with SULKY.APP's robots.txt file or
    • with SULKY.APP's prior written permission;
  4. collect or harvest any personally identifiable information (PII) (for example, usernames or email addresses), unless permitted by that person or allowed under point #3 above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

Application Programming Interface (API)

Use of the API requires the issuance of a non transferable API key. Use of an API key on behalf of a company or other organisation, represents and warrants that you have the authority to bind that company or organisation.

You acknowledge that we reserve the right to modify or terminate the API Service at any time without prior notice. You acknowledge that we do not make any undertakings with regard to Service availability or performance. We reserve the right to limit requests to the API (throttle), to maintain the functionality of the API and the Service. We do not undertake to ensure backwards compatibility of any subsequent API versions.

Money-Back Guarantee

SULKY offers a full 'no questions asked' money back guarantee as follows:

"If within 1 month of purchasing a subscription (monthly or annually), you are not entirely satisfied with your SULKY account subscription, you may choose to cancel that subscription and obtain a FULL refund of all monies paid for that subscription."

To excercise your right to a full refund, you must request a cancellation (as per the cancellation policy below) BEFORE one calendar month of the purchase date. No refunds can be given if the subscription is cancelled ON or AFTER one calendar month of the purchase date.

Cancelation Policy

You may notify us of your intent to cancel at any time however your cancellation will only become effective at the expiry of your current billing period. You will not receive a refund, prorated or otherwise, for the remainder of the term. Your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current billing period.

When cancelling an annual or monthly subscription, all future charges associated with future terms of your subscription will be cancelled.

In order to request a cancellation of your subscription simply log into your SulkyApp account and submit a cancellation request through the billing portal. Your SulkyAPP account will remain active until the end of your billing period.

Termination

SULKY has the right to suspend or terminate your account immediately, without prior notice or liability, and refuse any and all current or future use of the Service, for any reason whatsoever, including without limitation. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Promotions and Vouchers

From time to time we run promotions on the site. All promotions are subject to availability and while stocks last. SULKY reserves the right to end a promotion at any time.

SULKY shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability by you in taking advantage of a promotion for any reason.

SULKY reserves the right to withdraw or cancel promo-codes, vouchers and the like ('web-coupon'), for any reason at any time. Web-coupons cannot be exchanged for cash.

No web-coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission.

Third Party Links and Offers

The site may contain hyperlinks, images, banners and other advertisements (that may or may not have been paid for), to other websites operated by third parties. Those websites are not under the control of Arbit Each Way Pty Ltd and as such we are not responsible for their content. The site provides these links to you as a convenience only.

The inclusion of any link does not imply any endorsement or recommendations of the linked website by Arbit Each Way Pty Ltd or its affiliates or their respective directors or employees.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

Any such offers are not made by the site, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

By having an active account with the site, you agree to be sent third party offers from time to time.

You link to any such website or accept any third party offer entirely at your own risk.

Changes to these Terms and Conditions

These Terms and Conditions may be changed or amended by SULKY.APP at any time for legal, regulatory, commercial or security reasons or to enable the proper delivery of or to improve the delivery of the Service.

Arbit Each Way Pty Ltd (t/a SULKY) Privacy Policy

This is the privacy policy (Privacy Policy) of Arbit Each Way Pty Ltd (ACN 116 475 408) (SULKY). Arbit Each Way Pty Ltd is an organisation that is covered by the Privacy Act 1988 (Cth) (Privacy Act) and must comply with the Australian Privacy Principles (APPs) contained in the Privacy Act.

This Privacy Policy explains how the application/website Sulky.APP will manage your personal information and the personal information of your beneficial owners, agents or related third parties, which we collect as a result of you becoming a customer of Sulky.APP, your use of SULKY websites and any pages, websites and applications (together the Website) that are owned and/or operated by Arbit Each Way Pty Ltd or whenever you otherwise deal with Arbit Each Way Pty Ltd.

In this Privacy Policy, personal information (as defined in the Privacy Act) means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

This Privacy Policy explains how we manage your personal information, including:

  1. the kinds of personal information we collect and hold;
  2. how we collect and hold your personal information;
  3. how you may access your personal information held by us and have it corrected;
  4. how you may complain about the way we deal with your personal information, and how we will deal with your complaint;
  5. whether we will disclose your personal information to overseas recipients.

Website use

In using the Website you agree to be bound by the terms of this Privacy Policy. Arbit Each Way Pty Ltd may review the Privacy Policy periodically and reserves the right to change the Privacy Policy at any time at its discretion. A new version of the Privacy Policy will be available on Sulky.APP Website and it will apply to all of your personal information held by us at the time. By continuing to use the Website, you agree to these changes.

The kinds of personal information collected

SULKY only collects personal information for purposes which are directly related to its functions or activities, and only when it is necessary for, or directly related to, such purposes.

  • Opening a Sulky Account

    To open a SULKY Account, we require the following personal information from you:

    1. contact details (i.e. name and email address);
    2. preferences that you have submitted (i.e. preferred username, marketing opt-in/out);

  • Purchasing a Subscription Service

    To purchase a subscription from SULKY, we require the following additional personal information from you:

    1. financial information (i.e. credit card details). It is noted that financial information is not stored by SULKY. This information is collected, tokenised and then processed externally via 3rd Party payment service providers. SULKY will link to said external payment providers where payment information will be requested and utilised for the purposes of payment only. SULKY does not have any access to that information.

  • Allowing you to use our Services

    We collect the following activity information from you when you engage with our Website or otherwise use our services:

    1. information about the devices used to access our products and services;
    2. the channel from which you accessed the Website;
    3. your responses to promotions, functions, giveaways, competitions and surveys;
    4. information about your utilisation and activity on our Website;

Sensitive information

SULKY will not collect sensitive information such as racial or ethnic origins, political opinions, criminal record, health information, religious and spiritual beliefs and sexual preferences or practices unless required by law (i.e. to maintain the integrity of our products and services and to maintain security).

Collection purposes

SULKY will collect your personal information in order to:

  1. set-up an account with us and to allow you to access and make use of our Website;
  2. allow you to participate in the products and services offered;
  3. administer your account;
  4. maintain our accounts and records;
  5. monitor Website usage levels and the quality of the service we provide;
  6. inform you, from time-to-time, about products and services that we consider may interest you and for related purposes;
  7. create aggregate data about customers through demographic profiling and statistical analysis of the database for market research and developing our products and services;
  8. market and advertise SULKY's offers and promotions;
  9. enable our related bodies corporate to market their products and services directly to you;
  10. enable third party business partners and sponsors to market their products and services to you from time-to-time;
  11. enable you to order SULKY merchandise (including via online merchandise stores);
  12. liaise with relevant financial institutions;
  13. send to you, from time to time, surveys and questionnaires;

How will SULKY collect and hold personal information

SULKY will collect your personal information by any of the following methods:

  1. directly from the individual via electronic account registration;
  2. from our records of how you use and access SULKY's products and services;

If you choose not to provide certain information about yourself, we may not be able to provide you with the products or services, or the level of service, with which we pride ourselves.

  • Cookies

    SULKY uses "cookies" in order to provide you with a seamless experience. Cookies are pieces of data sent by a website to your device and stored on the internal hard drive. They allow the website/application to identify and interact with your device.

  • SULKY and its Related Bodies Corporate

    We may collect and disclose personal information to our related bodies corporate to:

    1. comply with the law, regulations and licence conditions applying to them;
    2. send you marketing material directly;

  • How SULKY will hold your personal information

    SULKY may store your information in hard copy or electronic format, or in storage facilities that we own and operate, or are owned and operated by third party service providers under contract.

Direct marketing and opting out

When registering an account with SULKY, you may choose to receive promotional or marketing information from SULKY (and its related bodies corporate) by selecting the appropriate option on the registration page. By opting-in to receive direct marketing material, SULKY (and its related bodies corporate), may use your personal information to inform you about products or services or about promotional activities which SULKY believes may be of interest or of benefit to you. SULKY (and its related bodies corporate) may do this via email, SMS, MMS, telephone, mail or any other form of electronic or internet communication.

If you no longer wish to receive marketing or promotional material from SULKY at all or in any particular form, you may:

  1. simply select to opt-out (i.e. unsubscribe) of receiving any further marketing material at the bottom of the page of the marketing communication you have received;

Note, we may also contact you in relation to the management and administration of your SULKY account and provide you with service updates or announcements. These communications may occur via any of the modes of contact outlined above. Customers that have elected to opt-out of direct marketing communications will continue to receive service announcements, until such time that the customer informs SULKY that it does not wish to receive these communications (this includes periods you are no longer using our products and services).

Disclosure of personal information

SULKY will not share your personal information with other organisations or anyone else unless the disclosure is for one of the purposes outlined above. Accordingly, SULKY may disclose your personal information to the following third parties:

  1. an authorised representative;
  2. SULKY's related bodies corporate;
  3. SULKY's business partners and sponsors who may have offers of interest for you from time-to-time;
  4. financial institutions;
  5. external providers of services we use to operate our business and manage our business systems (i.e. advertising agencies, mailing houses, merchandise stores and providers, printers, call centres, IT consultants, market research analyst and providers of payment processing and identify verification services);
  6. law enforcement bodies;

SULKY will take all reasonable steps to ensure that any personal information which SULKY discloses to a third party is protected by that party in accordance with the Privacy Act and under contractual arrangements.

Security of personal information

SULKY takes steps to protect the personal information it holds against loss, interference, unauthorised access, use, modification or disclosure and against other misuse. These steps include password protection for electronic files, securing paper files in locked cabinets and physical access restrictions.

SULKY's employees, agents, contractors and related bodies corporate are required to maintain the confidentiality of customers' personal information. Remember to always log out of your account when you have completed your time on the Website. This is particularly important if you share a computer with another person. You are responsible for the security of and access to your own computer, mobile device or any other handset used to access the Website. Also, you should be aware of the many security risks that exist today and take appropriate care to help safeguard your personal information.

SULKY will keep your personal information until it no longer needs to use it or disclose your personal information for any purpose that is authorised under the Privacy Act or is not legally required to retain that information. SULKY will take reasonable steps to destroy or de-identify the personal information.

Access and correction of personal information

If a customer requests access to the personal information that SULKY holds about them, or requests that it changes that personal information, SULKY will allow access or make the changes unless it considers that there is a sound reason under the Privacy Act or other relevant law to withhold the information. SULKY will endeavour to correct your personal information within 7 days, unless notified otherwise.

If SULKY does not agree to make the requested changes to personal information, you may make a statement about the requested changes and SULKY will attach this to the record.

For further information about how to request access or changes to the personal information held by SULKY, contact details are provided below.

Overseas disclosures

SULKY will only disclose personal information to an overseas recipient if:

  1. we've taken reasonable steps to ensure the recipient does not breach the Privacy Act;
  2. contractual arrangements are in place to protect the security of your personal information; or
  3. the provision of information is required by law or treaty or convention which Australia is a party;

Complaints

SULKY takes its obligations pursuant to the Privacy Act seriously. You may complain about a suspected breach of the APPs by SULKY by submitting your complaint in writing to SULKY's Privacy Manager, using the contact details below.

Any complaint should set out in as much detail as possible, all the relevant particulars relating to the complaint, including the suspected reason behind why SULKY has allegedly breached the APPs.

Upon receiving a written complaint, SULKY will acknowledge receipt of the complaint in writing within 7 days. SULKY will investigate the matters described in the complaint and then provide a substantive written response within 28 days from the date the written complaint was received.

If your complaint is not resolved by the Privacy Manager, you can refer it to the Office of the Australian Information Commissioner (www.oaic.gov.au).

Contact details

Further information in relation to this Privacy Policy, how to lodge a complaint, request the Privacy Policy in a different format or provide any comments, email SULKY at