This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.whistlefirst.com ("Website"), is operated by Proxcel Advisory Services Private Limited a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office Gurugram, Haryana, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term ‘You’ & ‘Client’ shall mean any legal person or entity accessing or using the services provided on this website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the website, as the context so requires.
iii) The terms ‘Employees’ shall be used to refer to the employees of the client.
The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The client unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the client and the Whistle First, and that the client shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The client acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the client, and that the client’s act of visiting any part of the Website constitutes the client’s full and final acceptance of the Policy and the aforementioned Terms.
The Parties expressly agree that Whistle First retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the client, and the clients expressly agrees that any such amendments or modifications shall come into effect immediately. The client has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the client continues to use the Website following such a change, the client will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the client complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.
Collection of personal and other information
The Client expressly agrees and acknowledges that Whistle First collects and stores the Client’s personal information, which is provided by the Client from time to time on the Website, including but not limited to the Client’s name, passwords, email address, name, address, age, date of birth, sex, nationality, browsing history etc., as well as any images or other information uploaded / published by the Client on the Website. The Client is aware that this information will be used by Whistle First/Website to provide services and features targeted at the Client, that are most likely to meet the Client’s needs, and also to customize and improve the Website to make its clients’ experiences safer and easier.
The Client is aware that Whistle First/Website may automatically track certain information about the Client based upon the Client’s behaviour on the Website, and the Client expressly consents to the same. The Client is aware that this information is used to do internal research, to enable Whistle First/Website to better understand, and cater to the interests of its clients. The Client is expressly made aware that such information may include the URL that the Client visited prior to accessing the Website, the URL which the Client subsequently visits (whether or not these URLs form a part of the Website), the Client’s computer & web browser information, the Client’s IP address, etc.
If the Client chooses to purchase products / services from the Website, the Client consents to allowing Whistle First/Website to collect information about the Client’s buying behaviour and trends.
If the Client chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the Client is aware that any and all such information provided / uploaded will be collected and stored by Whistle First indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by Whistle First/Website as permitted by applicable laws.
The Client is aware that any and all information pertaining to the Client collected by Whistle First, whether or not directly provided by the Client to Whistle First/Website, including but not limited to personal correspondence such as emails or letters, feedback from other clients or third parties regarding the Client’s activities or postings on the Website, etc., may be collected and complied by Whistle First/Website into a file/folder specifically created for / allotted to the Client, and the Client hereby expressly consents to the same.
The Client is aware that while he/she can browse some sections of the Website without being a registered client, certain activities (such as placing an order) require the Client to provide valid personal information to Whistle First/Website for the purpose of registration. The Client is aware that the contact information provided to Whistle First/Website may be used to send the Client offers and promotions, whether or not based on the Client’s previous orders and interests, and the Client hereby expressly consents to receiving the same.
The Client is aware that Whistle First/Website may occasionally request the Client to complete optional online surveys. These surveys may require the Client to provide contact information and demographic information. The Client is aware that this data to be used to customize the Website for the benefit of the Client, and providing all clients of the Website with products/services/content that Whistle First/Website believes they might be interested in availing of, and also to display content according to the Client’s preferences.
The Client is further aware that Whistle First/Website may occasionally request the Client to write reviews for products/services purchased/availed of by the Client from the Website, and also reviews for the various sellers listing their products/services on the Website. The Client is aware that such reviews will help other clients of the website make prudent and correct purchases, and also help Whistle First/Website remove sellers whose products are unsatisfactory in any way, and the Client hereby expressly authorizes Whistle First/Website to publish any and all reviews written by the Client on the Website, along with the Client’s name and certain contact details, for the benefit and use of other Clients of the Website.
Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the Client, and the Client hereby expressly authorizes the Website/Company to remove from the Website any such content, review, survey, or feedback submitted by the Client, without cause or being required to notify the Client of the same.
The Client is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given client, including but not limited to a Client’s login identification, password, etc. The Client is aware that the Website places both permanent and temporary cookies in the Client’s computer's hard drive and web browser, and does hereby expressly consent to the same.
The Client is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the Client is free to decline the Website’s cookies if the Client’s browser permits, the Client may consequently be unable to use certain features on the Website
Additionally, the Client is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Website that are placed by third parties or affiliates of Whistle First / Website. The Client expressly agrees and acknowledges that Whistle First / Website does not control the use of such cookies/other devices by third parties, that Whistle First/Website is in no way responsible for the same, and that the Client assumes any and all risks in this regard.
Divulging / sharing of personal information
The client is aware that the Website/Company may share the Client’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
The Client is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the Client’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its clients, or the general public.
The Client is further aware that the Website/Company and its affiliates may share / sell some or all of the Client’s personal information with other business entities should Whistle First/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of Whistle First’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
Transactions on the Website are secure and protected. Any information entered by the Client when transacting on the Website is encrypted to protect the Client against unintentional disclosure to third parties. The Client’s credit and debit card information is not received, stored by or retained by Whistle First / Website in any manner. This information is supplied by the Client directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Third party advertisements / promotions
The Client is aware that Whistle First/Website uses third-party advertising companies to serve ads to the clients of the Website. The Client is aware that these companies may use information relating to the Client’s visits to the Website and other websites in order to provide customised advertisements to the Client. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the Client. Whistle First/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the Client expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the Client.
By using the Website and/ or by providing information to Whistle First through the Website, the Client consents to the collection and use of the information disclosed by the Client on the Website in accordance with this Policy, including but not limited to the Client’s consent Whistle First/Website sharing/divulging the Client’s information, as per the terms contained hereinabove in Section 4 of the Policy.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Chandan Rajgadhia (Email: firstname.lastname@example.org)
Dispute resolution and jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below.
Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by Whistle First, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gurugram in the state of Haryana, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai, Tamil Nadu, shall have exclusive jurisdiction over any disputes arising between the Parties.