In order to use this Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing, or using the associated Software supplied by Whistle Phone®, you expressly agree to be bound by these terms and conditions which may be modified from time to time.
Services ProvidedWith Whistle Phone®, you can
- Make and receive calls to other Whistle users
- Make and receive calls to non-Whistle users
- Forward your Whistle calls to your cell phone, home phone, work phone, landline, etc.
- Send and receive text messages to other Whistle users
- Send and receive text messages to non-Whistle users
- Receive voicemails from Whistle and non-Whistle users
These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user (Whistle Phone® subscriber) and Whistle Phone®. This Agreement is a service agreement and should be read in conjunction with the relevant software EULA that is posted on the Whistle Phone® website. Please read it carefully before accepting it.
Compliance with Applicable Laws
By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement. If you reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted. If you reside in a jurisdiction which restricts the use of services which include VoIP because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.
You Agree that:
- You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service in any way whatsoever.
- You will not copy, or distribute services or content without written permission from Whistle Phone®.
- You will only use the Software and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we my reasonably request.
- You will not access any age restricted services if you are under age, nor will you allow any other person to do so. When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.
Access to the Service
You may only access the Whistle Phone® services using authorized Software and authorized compatible devices or operating systems as identified on our website www.whistlephone.com. It is your responsibility to check the list of devices or operating systems on the Whistle Phone® website to ensure you download the correct software for your device. Whistle Phone® is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Whistle Phone® reserves the right to terminate this agreement should you be using the Whistle Phone® Service with software or a device that is not identified on the website as compatible.
Calls to Emergency Services
Whistle Phone® is not a replacement for your ordinary telephone service and you cannot make emergency calls over Wifi using Whistle Phone®. However this service does not prevent you from using your mobile phone for making emergency calls via your cellular provider as normal. Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the Whistle Phone® service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the Whistle Phone® service, you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator. If your data connection fails for any reason you will not be able to use the Whistle Phone® Service.
Payment PlansI. Pay-As-You-Go ("PAYG")
The first payment plan is a pay-as-you-go option that allows the user to use select voice features at his/her convenience. This plan is usage-based, and the amount deducted from your balance depends on the cost of each call and/or voice feature.II. Monthly Texting and Voicemail
The second plan is a manual monthly payment which allows the user to authorize a given dollar amount to be deducted from the user’s Whistle Phone® balance and applied toward the use of texting and voicemail on Whistle Phone®. This plan is time-based in that any features purchased will expire in one (1) month. Users may pre-purchase several months at once if they do not want to manually renew each month. These multiple, monthly prepaid packages will be directly proportional to the number of months that the user purchased.
If you do not elect to use Whistle Phone® free services (Whistle to Whistle), the Whistle Phone® Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. Whistle Phone® has no obligation to refund any payments made in advance for the use of the Whistle Phone® Service as set out in these terms. A full list of Whistle's international rates is published on our web site. These rates may be changed from time to time, entirely at Whistle's discretion. Full details of rates will be displayed on the site, so you should check the Whistle Phone® website regularly to determine if any changes have been made or announced. If you have no credit in your account, the call will be dropped or not connected, or the service will not be provided. Some Whistle Phone® Services may make use of 3rd party networks, (including 3G, Cellular/Mobile, commercial hotspots). Whistle Phone® is not liable for these or any other costs you may incur by using 3rd party services.
In order to use the Whistle Phone® payment services, you must have an account with Whistle Phone® and a validated email address. This means that you will have received emails from Whistle Phone® previously and will have the necessary equipment to receive electronic notifications from us.
By using Whistle's payment services online, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorizations for any payment transactions, and contractual transactions via electronic means. You must keep your contact details up to date. If you need to change your email address you can do so through My Info section of www.whistlephone.com.
You acknowledge that Whistle Phone® may use a third party to process your payments and perform fraud checks.
Any refunds in relation to payments made will be governed by the Whistle Phone® Refund Policy.
Account Use and Activation
Your account will be activated after you have downloaded and installed the Whistle Phone® Software. You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify Whistle Phone® in writing to firstname.lastname@example.org of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Whistle Phone® reserves the right to change your password. Whistle Phone® is not liable for any monetary loss or damages that may result from the loss or theft of your password. Account activation differs depending on the method(s) you use to access your account.Protecting Against Fraud and Abuse
You agree to immediately notify Whistle Phone® in writing to email@example.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Whistle Phone® reserves the right to change your password. Whistle Phone® is not liable for any monetary loss or damages that may result from the loss or theft of your password. Account activation differs depending on the method(s) you use to access your account.Unlimited Texting or Short Message Services ("SMS")
We will regularly monitor usage and potential abuse of our unlimited texting service. Abuse is defined as exceeding a usage multiple in comparison to the average Whistle user. Such abuse may result in usage caps.
Whistle Phone® Number
Upon account activation, you will be provided with a Whistle Phone® Number. Our service will allow the display of your Whistle Phone® Number on receiving devices. Should you elect to cancel the Whistle Phone® service, or do not have an active Monthly Texting and Voicemail plan and do not utilize the voice service for a thirty (30) day period, Whistle Phone® has the option to reclaim the Whistle Phone® number.
If you need assistance regarding the Whistle Phone® software and Service, please email us.
There may be numbers that Whistle Phone® restrict your access to, including but not limited to premium rate numbers such as Directory Assistance ("411").
You may terminate this Agreement at any time. Whistle Phone® may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service.
If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.
You the subscriber are permitted to terminate the Whistle Phone® service at any time. Whistle Phone® will not provide any refunds on prior manual or PAYG payments.
Assignment of Rights
You may not assign your rights under this agreement unless expressly agreed by Whistle Phone®. Whistle Phone® may assign our rights under this agreement to any company that controls Whistle Phone® or that Whistle Phone® controls.
All intellectual property rights in the Whistle Phone® Service and Software are the property of Vail Systems, Inc. The supply of the Software and Service does not imply any transfer of intellectual property rights.
If any part of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of Whistle Phone®.
If you have any complaints about the Software or Service you should send them to firstname.lastname@example.org.
If any Whistle Phone® services are offered as a trial, while we will endeavor to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. Whistle Phone® reserves the right to withdraw this Service and any additional services at its sole discretion. The service is provided on an as is basis, and your use of the service is at your own risk. Whistle Phone® does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Whistle Phone® does not warrant that the service will be uninterrupted, error-free, or completely secure.
We reserve the right to make changes to these terms and conditions. You should check the Whistle Phone® website regularly to see if any changes have been made or announced. We will endeavor to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly.
Limitations and Exclusions of Warranties and Liability.
1 Exclusions of certain damages Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall Whistle Phone® be liable for any damages you may suffer from or in connection with your use of, or inability to use, Whistle's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Whistle Phone® has been advised of, or is aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Whistle's maximum liability for any type of damages with respect to Whistle's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Whistle Phone® hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
2 Disclaimer of third party actions and control. Whistle Phone® does not and cannot control the quality of other parties' networks to which Whistle Phone® must interconnect. Therefore, Whistle Phone® disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
3 Waiver of liability and indemnification involving 999 and other emergency calls. The Whistle Phone® Service does not include the ability to access emergency operators and emergency services. Whistle Phone® shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911".Customer hereby indemnifies and holds Whistle Phone® and each of Whistle's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by Whistle Phone® or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the Whistle Phone® service. You acknowledge to Whistle Phone® and each of Whistle's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergency operator or to summon 911 or other emergency services while using the Whistle Phone® service.
Limitation on Remedies
The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by Whistle Phone® to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.
Customer Must Request Credit
In order to receive a credit under this Agreement, you must notify Whistle Phone® in writing within three (3) business days of the date you become eligible to receive such credit. If you do not request a credit within this three-day period, you forfeit the right to receive the credit.
These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the Whistle Phone® website constitute the entire Agreement between you and Whistle Phone®. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
Whistle Phone® will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.
Changes in Regulation
You and Whistle Phone® understand that the Federal Communications Commission, other regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on Whistle, Whistle Phone® is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email notices to its customers. Whistle Phone® retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.
This agreement is governed by the laws of Illinois. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.
Telephone Device Access Terms and Conditions
These additional terms for mobile device users must be agreed in addition to the Whistle Phone® Standard Terms and Conditions. By using the Whistle Phone® Service via your mobile device you expressly agree to be bound by these additional terms and conditions. Whistle Phone® is not a replacement for your ordinary telephone service and you cannot make emergency calls using Whistle Phone®. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal. If your data connection fails for any reason you will not be able to use the Whistle Phone® Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal. When you download the Software you will have to register using your email address and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this email to identify you, to contact you re changes in our terms and conditions). Whistle Phone® is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. Whistle Phone® is not liable for any rates or charges due to your mobile phone service provider. When you sign up for your account you may be provided with an additional unique mobile telephone number, this is your "Whistle Phone® number". This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider, and it will not effect your ability to make or receive calls via your existing mobile provider.