Terms of Use


Your use of this website indicates your agreement to be bound by the Terms of Use.

The WhistleOut website is a trading instrument of WhistleOut Pty Ltd, ABN 14 130 446 267.

The proprietary rights for this website are owned by WhistleOut Nominees Pty Ltd (A.C.N 130 360 968) acting as trustee for WhistleOut IP Unit Trust and these are exclusively licenced to WhistleOut Pty Ltd.

Who we are

WhistleOut Pty Ltd is a privately owned company which helps consumers to make informed choices and to negotiate better deals before transacting with a seller of telecommunications products.

WhistleOut is an independent reviewer and is not owned by any of the Internet Service Providers, Telecommunications Providers, Franchisees, Dealers or Stores whose services it reviews.

The information is provided to you for two reasons:

  1. To make an informed choice when selecting products.
  2. To give a consumer the ability to have sellers compete for their custom based on common product definitions where WhistleOut can help track changes to a product definition when sellers alter their prices, discounts and accessories.

How we organise products in the WhistleOut results list

The ranking of products in the WhistleOut results table is performed using the following criteria:

  • the number of features requested by the consumer that the product contains
  • the quantity of a particular feature offered by the product, e.g. 20 GB of download usage is better than 10 GB of download usage
  • the relative price of the product

The highest ranked product in a WhistleOut results list at any given time will be the product which 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 Total Cost of Ownership (TCO) when all fees and incentives have been accounted for.

Where two products contain the same TCO, the product with the most of each feature will be ranked higher.

'Popular' providers are based on existing market share.

Information we provide

WhistleOut ranks the products from Internet Service Providers, Telecommunications Providers, Franchisees, Dealers and Stores 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.

All reasonable steps have been taken to ensure that information on our website is accurate, but we do not warrant that such information is fully accurate or complete at any given time. WhistleOut makes every effort to ensure that the information is accurate at the time of publication, however information flows across the range of products and different strategic priorities of Telecommunication carriers may mean slight delays in the updating of product details as changes are made.

Much of the information given is supplied by third parties such as telecom companies, consumers, potential consumers, partner websites, and third party websites and in such cases you should refer to the third party"s terms and conditions of business as they may differ from our own.

WhistleOut hopes to consistently improve product accuracy so that we are the most accurate site for consumers at all times.

Why we provide this information

WhistleOut is primarily aimed at the general consumer market within Australia and content is tailored to this audience.

We review information about suppliers of products who are not owned by WhistleOut. Our goal is to translate this information for the consumer so that it can be used dynamically if any pricing changes for the consumer as sellers improve their offers.

Information and data published on our site is for information only and we do not purport to be giving advice.

Getting the best offer

The offers are only as competitive as the preferences that you select within the WhistleOut website. If incorrect choices are made, i.e. not selecting that modem is required or if there are charges which apply for features that have not been selected in WhistleOut, then this is a matter between you and the Internet Service Providers, Telecommunications Providers, Franchisees, Dealers and Stores.

Are there any relationships that exist that may influence us?

Rankings and results within WhistleOut are not influenced by any financial arrangements between WhistleOut and any Internet Service Providers, Telecommunications Providers, Franchisees, Dealers or Stores.

Remuneration

WhistleOut receives remuneration from some (not all) sellers in these three scenarios:

  • When a seller uses our system to make a customised offer to the consumer
  • When a consumer transacts on a customised offer
  • Cost per Acquisition (CPA) - where institutions pay WhistleOut upon the receipt of an un-personalised application from a consumer who submitted the application via the WhistleOut website
  • Cost per Call (CPC) - where institutions pay WhistleOut upon the receipt of an un-personalised application from a consumer who submitted the application via the phone using the number published on the WhistleOut website

No seller is able to make a personalised offer without a financial arrangement with WhistleOut to use its system to make the offers.

Once personalised offers are made by sellers, they are evaluated numerically on their merit for the consumer and not for any contributions made to WhistleOut.

Use

WhistleOut is intended for your own private non-professional use. You may not use and should ensure that no other person uses the information supplied by us for resale, redistribution or other commercial use.

If you copy or transmit any WhistleOut web pages you must agree that all terms, conditions, waivers and disclaimers continue to apply.

Notice of copyright

Except where expressly stated to the contrary the text and graphics and the information contained in this website constitute the copyright of WhistleOut, except:

  • Seller / Supplier / Institution logos
  • Product names

With reference to all trademarks, whether registered in the Australia or elsewhere or unregistered, belonging to any other partner (which may, for example, be the name or logo of the partner or any product or service) are acknowledged.

Disputed content or content which infringes copyright can be removed / modified. Please contact WhistleOut for resolution.

Permanent copying and/or storage of whole or part of this website or the information contained therein or reproduction or incorporation of any part of it in any other work or publication whether paper or electronic media or any other form is expressly prohibited.

All materials on this server and this Internet site, including the site's design, layout, and organisation, are owned and copyrighted by WhistleOut Nominees Pty Ltd (A.C.N: 130 360 968) acting as trustee for WhistleOut IP Unit Trust and these are exclusively licenced to WhistleOut Pty Ltd, or its suppliers or vendors, and are protected by Australian and international copyrights.

Disclaimer and limitation of liability

The comparative information on products provided by us and our site does not include all products that are available in the market. All reasonable efforts are made by us to ensure the accuracy of all the information available on our website, whether or not relating to products, services, tariffs, terms and conditions of the provision or supply of any product or service, prices, rates, discounts, taxes or descriptions of our partners or others, including potential savings and products available to you. For instance, when a product provider changes product rates or features, a period of time may elapse before we are notified of such a change and are able to update the website.

With respect to products, goods, or services purchased from any entity identified, listed, named or contacted through WhistleOut websites, or any links to WhistleOut's website, in no event shall WhistleOut be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.

You acknowledge and agree that the limitations set forth above are elements of this agreement, and that this site would not be provided to you absent such limitations.

We make no warranty about the suitability of the tariffs, products, and services mentioned or contained within our website. 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 or service.

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 our partners with or without notice. Whilst we endeavour to update our website within a reasonable time after being notified of such changes by our partners or becoming aware of such changes, we cannot accept any liability should any partner provide us with inaccurate, misleading or incomplete information which we take in good faith or if they fail to notify us 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 and broadband services may result in the savings that you make being less or greater than those indicated in our comparisons.

We do not monitor or review the contents of other websites which are linked to and from this website. 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.

Indemnification

You agree to indemnify, defend, and hold harmless WhistleOut and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable solicitors' fees) related to your violation of this agreement or use of this site in any manner.

Your use of this site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if any, each and every time you access this site. WhistleOut may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.

WhistleOut accepts no responsibility or liability and does not give any guarantees, undertakings or warranties concerning:

  • the accuracy, completeness, or current nature of the information provided to WhistleOut by the Internet Service Providers, Telecommunications Providers, Franchisees, Dealers and Stores; and
  • the service, content, functionality, operation, compatibility, installability, maintenance, level of service or any other matter in connection with any product or service offering of any Internet Service Providers, Telecommunications Providers, Franchisees, Dealers and Store; and
  • any aspect of the terms and conditions of use, installation, function, maintenance, price or payment in connection with any product or service offering of any Internet Service Providers, Telecommunications Providers, Franchisees, Dealers and Stores

We, our partners and others providing information to this website may periodically make changes or improvements in this website at any time without prior warning.

This website offers a free service to consumers and there are no additional costs to consumers for any services rendered on behalf of WhistleOut by an Internet Service Provider, Telecommunications Providers, Franchisee, Dealer or Stores

WhistleOut practises the fair handling of personal information provided to it and does not seek to collect personal information from persons accessing this website (“User”) unless the User provides that information voluntarily.

Personal information

The personal information of a User is distributed:

  • to a telecommunications provider with the consent of the User for the purpose of subscribing to, or enquiring about, a product or service offering of that provider;
  • on the basis that the User will be subject to the privacy terms and conditions of the telecommunications provider, in relation to which the User must inform itself and make its own decision(s) in terms of acceptance.

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.