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 www.whistleout.com 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.
Privacy Policy
These Terms of Use should be read in conjunction with WhistleOut’s Privacy Policy, a copy of which can be found here www.whistleout.com/Privacy.
National Consumer Credit Protection Act 2009
WhistleOut is licensed as an Australian Credit Licensee (Licence Number 389795) pursuant to the National Consumer Credit Protection Act 2009. This licence authorises WhistleOut to engage in credit activities other than as a credit provider by:
(i) providing a credit service where the licensee is not or will not be:
(A) where the service relates to a credit contract or proposed credit contract - the credit provider under the contract; or
(B) where the service relates to a consumer lease or proposed consumer lease - the lessor; and/or
(ii) performing the obligations or exercising the rights of a credit provider in relation to a credit contract or proposed credit contract under which the licensee is not or will not be the credit provider; and/or
(iii) performing the obligations or exercising the rights of a mortgagee in relation to a mortgage or proposed mortgage that secures or will secure obligations under a credit contract under which the licensee is not the credit provider; and/or
(iv) performing the obligations or exercising the rights of a beneficiary under a guarantee or proposed guarantee that guarantees obligations under a credit contract under which the licensee is not the credit provider; and/or
(v) performing the obligations or exercising the rights of a lessor in relation to a consumer lease or proposed consumer lease where the licensee is not or will not be the lessor
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 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 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.
