1. Welcome to Whistle First
The objective of Whistle First is to inculcate ethics culture within organizations, without face to face interaction. Accordingly, this is important to set out the terms of the agreement clearly.
If you have any query about Whistle First, please feel free to contact us. In this document, our services have been referred as "service", subscriber organizations are referred as “client” or “you”, employees of subscribers are referred as "employees" and subscription arrangement is referred as "agreement".
2. Service of Whistle First
Whistle First is an internet portal that facilitates communication between companies and their employees. Whistle First acts as a postman. Whistle First does not investigate the employee’s complaints on their own. Services of Whistle First do not amount to investigative services.
3. Use of content developed / shared by Whistle First
Whistle First grants you a limited, individual, non-exclusive, non-transferable content to use our services. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the documents in any manner, except after approval of Whistle First.
By taking services of Whistle First, you agree that the document you received may only be used by you for your business use and may not be sold or redistributed. Reselling or distributing without permission amounts to a violation of Whistle First’s exclusive copyright and is liable to action.
The subscription of Whistle First is for use of the client and their employees. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from Whistle First. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or clients. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the contents. You may not use or otherwise export or re-export Whistle First or any portion available on or through Whistle First in violation of the export control laws and regulations of India. Any unauthorized use of Whistle First or its content is prohibited.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
6. Whistle First Property Rights
Except as expressly provided in these terms and conditions, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. The client agrees that the content and Web Site are protected by copyright, trademark, service marks, patents or other proprietary rights and laws. The client acknowledges and agrees that the client is permitted to use this material and information only as expressly authorized by Whistle First, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. The client acknowledges and agrees that Whistle First can display images and text throughout the Service. Clients cannot extract and publish any information from the system, either electronically or in print, without the permission of Whistle First and the permission of all other concerned parties.
Availing services of Whistle First require you to register. You agree to provide with accurate and complete information, while registration. It is your responsibility to inform Whistle First for any changes to that information.
8. Modification of Terms & Conditions
Whistle First may change this agreement at any time. The companies will be responsible for checking the Terms and Conditions before use. Use of the service after the change will indicate acceptance of the new terms and conditions. Whistle First reserves the right to modify or discontinue, temporarily or permanently.
9. Call recording
As part of Whistle First solution, we also provide an avenue where employees can record their complaints over 24 X 7 hotline, anonymously. As security of whistleblower is one of the key objectives, although the employee’s complaints over hotline will be recorded, Whistle First will not provide audio recording to the clients. Instead, we will provide a transcript of the discussion over hotline.
10. Disclaimer of warranties and limitation of liability
Although it is the goal of Whistle First to provide clients with reliable and quality systems, we may make mistakes or experience system failure from time to time. Such problems are inevitable in operating a system of this size. In order to continue offering and improving our service, Whistle First must deny any warranties on this service and state that our liability for any problems connected with the use of our system is strictly limited.
The client agrees that Whistle First shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for the cost of procurement of substitute services. The client further agrees that Whistle First shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent, intentional or inadvertent.
Any controversy or claim arising out of or relating to this Agreement or Whistle First services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Haryana shall have jurisdiction in all such cases.
This Site is owned and operated by Whistle First. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, video and images (the "Materials") are owned by Whistle First. Except as otherwise expressly provided by Whistle First, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Whistle First's intellectual property rights, whether by estoppels, implication or otherwise. Contact us if you have any questions about obtaining such licenses.
13. Entire agreement
This agreement constitutes the entire and whole agreement between the client and Whistle First, and is intended as a complete and exclusive statement of the terms of the agreement. This agreement shall supersede all other communications between Whistle First and its clients with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. We may revise these Terms and Conditions at any time without notice to you. It is your responsibility to review these Terms and Conditions periodically.
By using Whistle First services or accessing the Whistle First site, you acknowledge that you have read these terms and conditions and agree to be bound by them.
14. Cancellation & Refund Policy
a. We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the Industry at extremely reasonable and affordable rates. However, there may arise situation when you desire a refund. Firstly, when you pay for the services but later on decide that you do not wish to avail them. Secondly, when there is a delay in the services offered from our side, beyond the time frame we have intimated to you, due to human error i.e., factors for which we are solely responsible. Thirdly, although we highly doubt it, you might find our services unsatisfactory. In all three situations, kindly send in an e-mail to us at email@example.com. We would like to clarify that only refunds of the professional fees component of the charges paid by you shall be considered for a refund.
b. Upon receiving your mail, the Senior Management at Whistle First shall decide on whether your request for a refund should be processed, contingent on the reasons for such a request. Please note that we reserve the right to take the final and binding decision with regard to requests for refund.
c. Most importantly, we wish to clarify that in cases outside our control, including but not limited to national holidays, department holidays, delays on the part of the Government of India, the respective State Governments, Our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, breakage of sea cable, hacking, piracy, we shall not liable for any delays.
d. If we confirm your request for refund, subject to the terms and conditions mentioned herein or elsewhere, we will send you an e-mail seeking the details required to refund the amount which may include your Bank Account details such as the account number and the IFS code of the branch in question. Kindly note that it will take us a minimum of 7 working days from the receipt of all such information to process the refund and initiate the transfer.
e. We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end. For any other queries please contact out customer service desk at firstname.lastname@example.org.
f. Refund shall be subject on the following conditions:
The refund shall be only considered when there is clear reason for the same.
In the event a client has requested for cancellation and refund in between the year of subscription, refund shall be processed proportionately.
One time set-up cost shall not be returned, if the set-up work has already started by us.
We appreciate your interest and support and we welcome you to our community!