Terms of Use
Welcome to the WhistleOut website which is operated under exclusive licence by WhistleOut
Pty Ltd (ABN 14 130 446 267) (WhistleOut). The WhistleOut Website offers
a comparison and ranking service in respect of various goods and services for the
information of consumers (Service). You may have been referred to this website
from the website of one of our referral partners so it is important that you understand
that this website, and the Service, are controlled and operated by WhistleOut and
not by the owner or controller of the website from which you have been referred.
References in these Terms Of Use to the WhistleOut Website mean either the
main website operated by WhistleOut currently located at
http://www.whistleout.com.au/?ref=
or a sub domain carrying the Service to which you have been referred from the website
of one of our referral partners, whichever is relevant in the context.
It is also important that you read and understand the following terms and conditions
of use of the WhistleOut Website and the Service as may be amended from time to
time (Terms Of Use). Your use of the WhistleOut Website and/or the Service
indicates your agreement to be bound by the Terms of Use. By continuing to
access and use the WhistleOut Website and/or the Service, you are deemed to have
accepted the Terms of Use. These Terms Of Use constitute a legally enforceable agreement
between you and WhistleOut. If you do not agree with the Terms Of Use do not access
or use the WhistleOut Website or the Service.
WhistleOut reserves the right to immediately effect changes to the Terms of Use
by posting amended Terms of Use on the WhistleOut Website with or without further
notice. You should therefore regularly review these Terms Of Use.
Nature of the Service
The Service operated by WhistleOut is intended to help consumers to make informed
choices before transacting with a seller of telecommunications, financial and other
products and services (generically referred to in these Terms Of Use as products).
WhistleOut is an independent reviewer and is not owned by any of the Internet Service
Providers, Financial Services Providers, Telecommunications Providers, Franchisees,
Dealers, Stores or other third parties whose products are included in the Service
(Service Providers).
How we organise products in the WhistleOut results list
The ranking of products in the WhistleOut results table is performed using the following
criteria, subject to the limitations on the information we provide as set out below:
- the number of features requested by the consumer that the product contains;
- the quantity of a particular feature offered by the product, e.g. we treat 20 GB
of download usage as being better than 10 GB of download usage; and
- the relative price of the product.
The highest ranked product in a WhistleOut results list at any given time will be
the product which generally provides the most usage and features for the consumer
for the lowest price.
Where two products have the same monthly price, the higher ranking product will
be the product with the lowest overall Total Cost of Ownership (TCO) when
all fees and incentives over the life of the contract for the product that you specify
when using the Service have been accounted for.
Where two products have the same TCO, the product with the most of each feature
will be ranked higher.
Information we provide
WhistleOut ranks products aimed at the Australian consumer market from Service Providers
by collecting publicly available information from these parties and organising this
content into a database.
WhistleOut makes no reference to any 'customer service' or 'brand' information in
the ranking of products and evaluates all products on their numerical merits. 'Brand'
information includes the perceived reputation of a company and the volume of advertisements.
WhistleOut has taken reasonable steps to ensure that the information provided on
the WhistleOut Website, generally, and specifically as the result of a search undertaken
by a customer using the Service, is accurate, but WhistleOut does not warrant that
such information is fully accurate or complete at any given time. Much of the information
used by WhistleOut to assess products is supplied by third parties such as telecom
companies, consumers, potential consumers, partner websites and third party websites.
Whilst WhistleOut makes reasonable efforts to ensure that the information is accurate
at the time of publication, information flows across the range of products and different
strategic priorities of Telecommunication carriers and other third party providers
of products may mean delays in the updating of product details as changes are made.
Also, the information that we are able to assess and/or provide on our Website or
as part of the Service may not take account of any “special” or temporary offers
offered by a Service Provider. Further, the information we provide is of a generic
nature and does not take account of a customer’s individual circumstances that may
alter the terms that a Service Provider is willing to make available to a customer.
In such cases you should refer to the third party’s terms and conditions of business
as they may differ from our own.
The information on products provided by WhistleOut via the Service does not include
all Service Providers or all products that are available in the market. You acknowledge
that there may be other products available of the same kind as the products but
which are not included in the Service. Further, if you access a sub domain carrying
the Service to which you have been referred from the website of one of our referral
partners, the results of your searches may be limited to Service Providers nominated
by the relevant referral partner.
The information given as a result of using the Service is for information only and
is provided to you to help you make an informed choice when selecting products.
WhistleOut is not providing advice or recommendations to you about whether you should
or should not purchase any particular product. You must rely on your own enquiries
and judgement taking into account your own personal circumstances in deciding whether
a particular product is suitable for you.
Your responsibility to provide accurate information
The information about the products provided when you use the Service depends upon
the search criteria you select and other information you input when using the Service.
If you do not select search criteria relevant to you or your circumstances or if
you provide inaccurate information or you omit to provide relevant information when
using the Service (for example, not selecting that a modem is required or not selecting
the correct repayment profile for your circumstances) then the information about
the products provided when you use the Service may not be suitable for your circumstances.
Notwithstanding any other provision of the Terms Of Use, WhistleOut has no liability
to you in such circumstances in respect of any product you purchase that does not
meet your needs or which you are otherwise unhappy with and this is a matter between
you and the relevant Service Provider from whom you have purchased the Product.
Are there any relationships that exist that may influence the results?
WhistleOut is not owned or controlled by a Service Provider and WhistleOut does
not own or control any of the Service Providers. Rankings and results within WhistleOut
are NOT influenced by any financial arrangements between WhistleOut and any Service
Provider. ALL products are ranked by our comparison engine to provide you with ranked
information about the features of a product based on the search criteria you select
and other information you input when using the Service. Further, as explained above,
if you access a sub domain carrying the Service to which you have been referred
from the website of one of our referral partners, the results of your searches may
be limited to Service Providers nominated by the relevant referral partner.
Conditions of Use
WhistleOut provides the Service strictly on the conditional that it is for use only
by private individual consumers to assess information about products that they may
wish to purchase for their personal or business purposes. You must not use the WhistleOut
Website or any part of the content of the WhistleOut Website (including but limited
to the Service and the results of using the Service) (Content) for any other
purpose. Without limiting the foregoing, you are prohibited from doing any of the
following:
(a) reproducing, distributing or downloading the WhistleOut Website or the Content
in any material form whether as part of any other work or publication or otherwise;
(b) re-selling or offering to sell or license the right to sell or re-sell the Service
or the Content;
(c) storing the WhistleOut Website or the Content in any storage media;
(d) broadcasting, re-transmitting or communicating to the public the WhistleOut
Website or the Content by any medium of communication;
(e) uploading and/or reposting the WhistleOut Website or the Content to any other
site on the internet;
(f) violating the integrity or security of the WhistleOut Website, including by
attempting to make unauthorised access to the WhistleOut Website;
(g) resale, redistribution or other commercial use of the WhistleOut Website or
the Content; or
(h) "framing" the WhistleOut Website or the Content.
You further must not modify or copy the layout of the WhistleOut Website or any
computer software or code contained in the WhistleOut Website or attempt to do any
of those things. You must not use meta-tags or other means to link or refer to the
WhistleOut Website.
You agree not to use the WhistleOut Website or the Service:
(a) in a manner which uses excessive resources or is likely to prejudice the efficient
operation of the WhistleOut Website and the Service;
(b) to transmit pornographic, obscene, offensive, threatening, harassing, defamatory,
racist or illegal content or content which WhistleOut feels is inappropriate or
objectionable for the WhistleOut Website;
(c) for any purposes which are illegal or are prohibited by these Terms Of Use;
or
(d) for purposes amounting to advertisements or solicitations of scams, chain letters
or pyramid schemes.
Intellectual Property Rights
Except as stated below, WhistleOut is the exclusive owner or exclusive licensee
of all right, interest and title in all copyright, trade marks, service marks, patents
and all other intellectual property rights in and to all artwork, interfaces, templates,
fonts, graphics, software, data, text, information (including the compilation of
the information) in the Content and all other works of any kind incorporated into
or forming part of the WhistleOut Website or arising from the Service.
The WhistleOut Website also incorporates under licence certain copyright material
and trade and service marks of its Service Providers and other third parties.
You must not copy, download, reproduce, distribute, adapt or communicate to the
public all or any part of the Content or any other works of any kind incorporated
into or forming part of the WhistleOut Website or arising from the Service regardless
of whether such material is the property of WhistleOut, a Service Provider or any
other third party.
Disclaimer, limitation of liability and indemnity
WhistleOut makes no warranty about the suitability of the tariffs, products and
services mentioned or contained within the WhistleOut Website whether as part of
the information provided by using the Service or otherwise. It is entirely your
own responsibility to confirm that any product is of satisfactory quality and fit
for your intended purpose and that any service or tariff is appropriate for your
requirements and that all the relevant terms and conditions are appropriate to your
circumstances and requirements, including any arrangements you may make for paying
for or financing the product.
You are advised that new products, services or tariffs may be introduced or existing
products, services or tariffs may be modified, suspended or revoked by Service Providers
with or without notice. Whilst WhistleOut endeavours to update the WhistleOut Website
within a reasonable time after being notified of such changes by Service Providers
or becoming aware of such changes, WhistleOut cannot accept any liability should
any Service Provider provide inaccurate, misleading or incomplete information which
WhistleOut takes in good faith or if they fail to notify WhistleOut in a timely
manner of changes in their products, services or tariffs.
You should be aware that changing patterns of use and aspects of the provision of
telephone, broadband and financial services may result in the savings that you make
being less or greater than those indicated in the comparisons provided by using
the Service.
We do not monitor or review the contents of other websites which are linked to and
from this website, including but not limited to the websites of our referral partners.
We are not responsible for any opinions expressed on such other websites or material
contained on them or accessible from them and should not be taken to be the publisher
or disseminator of such opinions or material nor should we be taken to approve such
opinions or material or make any express or implied recommendation in respect of
them.
To the fullest extent permitted by law, WhistleOut, its affiliates and related entities
disclaim and exclude all representations, conditions and warranties, express or
implied, under law, statute or custom, with respect to the Content, the Service
and the products contained or offered through the WhistleOut Website including without
limitation those with respect to:
(a) the accuracy, completeness or current nature of the information provided to
WhistleOut by the Service Providers;
(b) the service, content, functionality, operation, compatibility, installability,
maintenance, level of service or any other matter in connection with any product
offered by any Service Provider;
(c) any aspect of the terms and conditions of use, installation, function, maintenance,
price or payment in connection with any product offered by any Service Provider;
(d) merchantability or fitness for a particular purpose;
(e) freedom from computer viruses or malicious programs;
(f) suitability for your intended use; and
(g) delays, interruptions, errors or omissions in delivery or provision.
To the fullest extent permitted by law, you agree to release, discharge and indemnify
WhistleOut, and WhistleOut’s employees, Service Providers, referral partners and
contractors, from and against any and all liability, loss, expense, claims or demands
made against WhistleOut:
(a) for any loss or damage caused to you or any third party, whether by damage to
property, delay or financial loss arising from or incidental to your use of the
WhistleOut Website and/or the Service; and/or
(b) arising from or related to your use of the WhistleOut Website, the Content or
the Service in any manner, whether in breach of these Terms Of Use or otherwise.
The right of WhistleOut to be indemnified under this paragraph is in addition to,
and not exclusive of, any other right, power or remedy provided by law.
Notwithstanding the above provisions, nothing in the Terms Of Use is intended to
limit or exclude any liability on the part of WhistleOut, its affiliates and related
entities where and to the extent that applicable law prohibits such exclusion or
limitation.
What to do if you have a complaint
Should you wish to lodge a complaint about the Service provided by WhistleOut, you
can use our
contact form
and address your message to the Complaints Officer.
General
These Terms of Use constitute the entire agreement between WhistleOut and you and
supersede any prior or contemporaneous agreement, whether oral or in writing. There
are no promises, terms, conditions or obligations, oral or written, expressed or
implied other than those contained in these Terms of Use. If there is any inconsistency
between the Terms of Use and any Content on the WhistleOut Website, these Terms
of Use will prevail.
If any part of these Terms of Use is found to be void, unlawful or unenforceable
then that part will be deemed to be severable from the balance of these Terms of
Use and the severed part will not affect the validity and enforceability of any
remaining provisions.
This agreement shall be deemed to have been made and executed in New South Wales,
Australia, and any dispute arising hereunder shall be resolved in accordance with
the laws of New South Wales the Courts of which shall have jurisdiction to hear
disputes in relation to this agreement.
Privacy Policy
These Terms of Use should be read in conjunction with WhistleOut’s Privacy Policy,
a copy of which can be found here
http://www.whistleout.com.au/Privacy?ref=.