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.au 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 to find out how we use the information that you provide to us. Your use of the Website is at all times subject to the provisions of our privacy policy.
The WhistleOut service and how we are paid
WhistleOut has commercial arrangements with a range of third party Service Providers in each category of comparison. Other than the placement of 'sponsored results' which are clearly coloured, separated from the results table and clearly marked as an advertisement at the top of some comparisons, the results on the WhistleOut service are not altered or moved due to commercial relationships that WhistleOut may or may not have.
When WhistleOut does have commercial agreements with certain third party Service Providers, we receive payment from the provider when you use our service. This can take the form of a cost per click, cost per sale, cost per call or cost per call back.
Mobile Phone Plans, PayTV Plans, Tablet Plans & Broadband Plans: Third party Service Providers may pay WhistleOut (including WhistleOut Partners) a commission when you click across to their site, when you call their call centre via a number listed on the site.
Nature of the Service
The Service operated by WhistleOut is intended to help consumers to make informed choices before transacting with a Service Provider and other products and services (generically referred to in these Terms Of Use as products). WhistleOut is a consumer focused search and engine and for that purpose WhistleOut endeavours to show, as a minimum, available products from the Top Ten suppliers in each category of comparison, no matter what commercial relationship WhistleOut may or may not have.
WhistleOut is an independent company and strives for consumer transparency before purchase. 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.
Third party products
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 Service Providers 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.
By submitting your personal details via the Website, in some cases you are able to place an order to obtain a product from a third party Service Provider. That offer may be accepted or rejected. The contract for the product will only be concluded once your offer has been accepted by the relevant third party Service Provider. If your offer is accepted then the product will be provided to you, subject to the third party Service Provider’s terms and conditions. The third party Service Provider will provide confirmation if your order has been accepted.
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;
Furthermore, you 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.
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.
WhistleOut Partners
WhistleOut works with many partners and publishers online to provide WhistleOut's comparison services, either as a co-branded service (where you clearly see WhisteOut's brand in the header of the website) or as a white label where WhistleOut's branding will be at the base of the page. Our partners include:
1. Effect of these Terms of Use
These Terms of Use govern your use of the WhistleOut Widget and forms the basis of a legally binding contract between you and WhistleOut Pty Limited (ACN 130 446 267) (WhistleOut) regarding use of the WhistleOut Widget.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT DOWNLOAD, EMBED, USE OR ACCESS THE WHISTLEOUT WIDGET. YOUR DOWNLOADING, EMBEDDING, USE OF OR ACCESS TO THE WHISTLEOUT WIDGET CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE.
2. The WhistleOut Widget
(a) These Terms of Use concern the use of WhistleOut’s javascript enabled iframe with WhistleOut proprietary software, data and content (including the Widget Embed Code) which is known as the WhistleOut Widget as updated from time to time and any other ancillary, derivative or similar product or service which is provided by WhistleOut or on its behalf (WhistleOut Widget).
(b) Using the WhistleOut Widget in accordance with these Terms of Use allows you to integrate some elements of WhistleOut’s unique online mobile phone plan, broadband plan and pay TV plan search tools currently located at www.whistleout.com.au or relevant sub-domain (Website) for the purposes of installing the WhistleOut Widget on your own website or domain.
(c) If you are developing on behalf of an organisation or other person, you agree to these Terms of Use for that organisation or other person and agree that you have authority to bind that other person and its parents, subsidiaries and related bodies corporate to these Terms of Use. In that case, you and your means that organisation or other person, its parents, subsidiaries and related bodies corporate.
(d) WhistleOut operates and controls the WhistleOut Widget as well as provides it for download, embedding, use and access by you in its absolute discretion.
(e) Subject to these terms and conditions, WhistleOut permits you to:
(i) integrate the WhistleOut Widget into your website or domain by adding the Widget Embed Code in accordance with the directions of WhistleOut as displayed on the Website from time to time; and
(ii) use the WhistleOut Widget to display plan prices, product data and other information provided by WhistleOut on your website or other domain in exactly the same manner, form, format and appearance as is provided by the Website.
(f) WhistleOut may change, suspend, or discontinue any features, functionality, specifications or services in respect of the WhistleOut Widget at any time without notice to you.
(g) WhistleOut may or may not offer updates or new releases of the WhistleOut Widget and likewise any technical or maintenance support for the WhistleOut Widget, in its sole discretion.
(h) WhistleOut may also impose limits on certain features, functionality, specifications or services and may restrict access, use or enjoyment of and to parts or all of WhistleOut Widget, related content and features without notice or liability.
3. Amendments to these Terms of Use
These Terms of Use may be changed by WhistleOut at any time without notice, and you are responsible for regularly reviewing these Terms of Use by visiting www.whistleout.com.au/Terms-Of-Use. Your continued use of the WhistleOut Widget after the effective date of such changes will constitute acceptance of and agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the WhistleOut Widget and remove the WhistleOut Widget (and associated software code) from your website or other relevant domain.
4. Licence to download, embed, access and use the WhistleOut Widget
Subject to these Terms of Use, and except as otherwise expressly set forth in these Terms of Use, WhistleOut grants you a personal, worldwide, non-exclusive, non-transferable (without a right to sub-licence) right and licence to download, embed, access and use the WhistleOut Widget (Licence).
5. Termination of the Licence
The Licence continues until terminated by either party.
WhistleOut may, for any reason (in its absolute discretion) immediately terminate this Licence without notice. Without limitation is may do so by withdrawing or disabling pertinent features, functionality, specifications or services and may restrict access, use or enjoyment of the WhistleOut Widget.
You may terminate this Agreement by removing the relevant code from your website or other relevant domain.
Immediately upon termination of this Agreement:
(a) you will not have the right to use the WhistleOut Widget and all permissions set out in this clause 4 shall cease;
(b) you shall immediately delete all software, data, content and information concerning the WhistleOut Widget from your IT systems (and those of any other person where it has been installed or archived by you). This includes any back-ups and copies held by third party data centres and cloud hosting servers. Where requested by WhistleOut, you will forthwith confirm in writing that you have complied with these obligations in full.
6. Restrictions on Licence
The WhistleOut Widget is the exclusive property of WhistleOut (including for these purposes any rights under licence) and protected by copyright law. The Licence conferred under these Terms of Use is subject to the following restrictions:
(a) You must not sell or offer the WhistleOut Widget or any services, information, data or software associated with or derived from the WhistleOut Widget.
(b) You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the WhistleOut Widget except to the extent that you are expressly permitted by law or by us (in writing) to do so.
(c) You must not misuse the WhistleOut Widget, including interfering or attempting to interfere, with the proper functioning or performance of the WhistleOut Widget.
(d) You must not use the WhistleOut Widget for any illegal or unauthorised purpose, including failing to comply with applicable laws, regulations and codes of practice.
(e) You must not use the WhistleOut Widget in any manner which competes with WhistleOut or build products or services that compete with the WhistleOut Widget or products or services of WhistleOut.
(f) You must not improperly access, alter or store the WhistleOut Widget including using any robot, spider, site search/retrieval application, or other tool to retrieve, duplicate, or index any portion of the WhistleOut Widget or collect information about our users for any unauthorised purpose.
(g) You must not use any viruses, worms, Trojan horses, or any other harmful code that could affect the WhistleOut Widget.
(h) You must not damage, disparage, or take other actions that would be detrimental to WhistleOut or its affiliates, content providers, suppliers or partners.
(i) You must display the WhistleOut Widget in the form made available by us, without alteration and in accordance with the requirements set out on our website.
(j) You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the WhistleOut Widget including the hyperlink that includes “Powered by WhistleOut”. Without limitation, you may not change any code provided by WhistleOut, you may not obscure or disable any element of the WhistleOut Widget, and you may not tag links to the Website from the WhistleOut Widget with a “no follow” attribute or otherwise prevent or discourage search engines from following or scoring the link.
(k) You acknowledge that the WhistleOut Widget includes content, pricing information, data and brand names owned by WhistleOut's partners (Supplier Materials). The restrictions in clause 6(a) to (c) above shall apply equally to Supplier Materials.
(l) You must not use the WhistleOut Widget in a way that overloads or could damage or disable our search services (e.g., using the WhistleOut Widget in an automated manner).
(m) You must not display the WhistleOut Widget in any manner that implies affiliation with, sponsorship, or endorsement by WhistleOut or any of its affiliates. Any reference to WhistleOut must be accurate e.g. a reference in the context of mobile phones and plans, pay TV and broadband plans would be in context; but sexually explicit content would not be in context.
(n) You must not display the WhistleOut Widget on any site that disparages WhistleOut or its products or services (or those of any affiliate), infringes any WhistleOut intellectual property or other rights, or violates any applicable law.
(o) All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks, business names, design rights, database rights, know-how, trade secrets and rights of confidence in the WhistleOut Widget (together, the WhistleOut Intellectual Property Rights) are owned or licensed by WhistleOut. You acknowledge that by downloading, embedding, using or accessing the WhistleOut Widget, you will not acquire any right or interest in the WhistleOut Widget or any WhistleOut Intellectual Property Rights (except such rights granted under licence as contemplated by these Terms of Use.
7. Warranties, Liability and Indemnity
(a) WhistleOut provides the WhistleOut Widget on an “as is” basis only. WhistleOut provides no warranty or guarantee that the WhistleOut Widget is fit for any purpose or of acceptable quality.
(b) The aggregate liability of WhistleOut to you and any other person for breach of and all liabilities under, in respect of and in connection with, these Terms of Use, the Licence and the WhistleOut Widget as well as our duties at law and in equity (however arising) and whether in contract, tort (including without limitation negligence), under statute, under indemnities or on any other basis is limited to A$1.00. If that limitation of liability is unlawful then such liability shall be limited to:
(i) in the case of goods (which for these purposes includes the WhistleOut Widget) - the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
(ii) in the case of services - the supply of the services again or the payment of the cost of having the services supplied again.
(c) Certain provisions of the Competition and Consumer Act 2010 (Cth) (including, without limitation, the Australian Consumer Law (ACL)) provide consumers (as that expression is used in the ACL) and others with certain rights (collectively, the consumer guarantees) in relation to goods or services purchased by consumers.
(d) Nothing in these Terms of Use excludes, restricts or modifies any condition, warranty, consumer guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified.
(e) You acknowledge that downloading, embedding, using or accessing the WhistleOut Widget is entirely at your own risk. You will be solely responsible for any harm to your IT systems or and losses (including of data) that results from downloading, embedding, using or accessing the WhistleOut Widget.
(f) You warrant to us that you will not use the WhistleOut Widget in any way which may cause damage to WhistleOut or bring WhistleOut or its affiliates into disrepute.
(g) You agree that you are responsible for all third party software, hardware and services used in connection with the WhistleOut Widget. Any third party software, hardware and services (whether required or optional) that you use in conjunction with the WhistleOut Widget, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
(h) You agree to indemnify and hold WhistleOut, its affiliates and licensors harmless from any claim, demand, loss, liability and expense, including legal fees, made by any third party in connection with or arising out of your downloading, embedding, using and/or accessing the WhistleOut Widget, including any content or services provided by or incidental to the same, your breach of any term or condition of these Terms of Use, your breach of applicable laws or any rights of another person or entity.
8. General Provisions
(a) These Terms of Use represent the entire agreement between you and us in relation to your downloading, embedding, using or accessing of the WhistleOut Widget and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the same.
(a) These Terms of Use represent the entire agreement between you and us in relation to your downloading, embedding, using or accessing of the WhistleOut Widget and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the same.
(b) If a court or tribunal of competent jurisdiction finds any provision or part of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect.
(c) No waiver of any provision in these Terms of Use will be effective unless it is in writing signed by one of our authorised officers.
(d) These Terms of Use are governed by the laws of the State of New South Wales, Australia.
You and your means the person who downloads, embeds, uses or accesses the WhistleOut Widget (subject to clause 1(c).
Our, we and us means WhistleOut.
