Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of whistlesocial.com (the "Site"). This Site is owned and operated by Whistle Social. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
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Intellectual Property
All content published and made available on our Site is the property of Whistle Social and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
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Accounts
When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
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Sale of Goods And Services and Refund
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
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E-Book; and
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Content Calendar.
The following services are available on our Site:
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Digital Marketing.
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Please note that all goods and services offered on our Site are non-exchangeable and non-refundable.
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Payments
We accept the following payment methods on our Site:
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Credit Card;
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PayPal;
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Debit; and
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Direct Debit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
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Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
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Limitation of Liability
Whistle Social and our employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
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Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Whistle Social and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New South Wales.
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Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Whistle Social are unable to resolve any dispute through informal discussion, then you and Whistle Social agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Whistle Social. The costs of any mediation will be paid by the unsuccessful party.
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Notwithstanding any other provision in these Terms and Conditions, you and Whistle Social agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
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Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
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Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
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Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(04) 0603 6969
contact@whistlesocial.com
12 Philip St, Parramatta NSW 2150
Effective Date: 12th day of February, 2024