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1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”)
between you and Whistle Blower Inc., a company with its registered office at 3c st 53 F-7/4
Islamabad,(Whistle Blower”, “we”, “us” or “our”), by which expression includes our legal
representatives, administrators, successors-in-interest, permitted assigns and affiliates
(“Affiliates”).
This Agreement governs your use of the Whistle Blower application, website, call center and
technology platform (collectively, the “Whistle Blower Platform”). In many jurisdictions, the
right to operate the Whistle Blower Platform is licensed by Whistle Blower Inc. to its relevant
Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to
access and use the Whistle Blower Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR
USING THE Whistle Blower PLATFORM. IF YOU DO NOT AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT
USE OR ACCESS THE Whistle Blower PLATFORM.
Your access and use of the Whistle Blower Platform constitutes your agreement to be bound
by this Agreement, which establishes a contractual relationship between you and
Whistle Blower. Whistle Blower may immediately terminate this Agreement with respect to you, or
generally cease offering or deny access to the Whistle Blower Platform or any portion thereof,
at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies
for a particular event, loyalty programs, activity or promotion, and such supplemental
terms will be disclosed to you in connection with the applicable Services.
Supplemental terms are in addition to, and shall be deemed a part of, this Agreement
for the purposes of the applicable Services. Supplemental terms shall prevail over this
Agreement in the event of a conflict with respect to the applicable Services.
Whistle Blower may amend this Agreement from time to time. Amendments will be effective
upon Whistle Blower’s posting of an updated Agreement at this location or the amended
policies or supplemental terms on the applicable Service. Your continued access or
use of the Whistle Blower Platform after such posting constitutes your consent to be bound by
this Agreement, as amended.
Our collection and use of personal information in connection with the Whistle Blower
Platform is as provided in Whistle Blower’s Privacy Policy located
at https://www.Whistle Blower.com . Whistle Blower may provide to a claims processor or an insurer
any necessary information (including your contact information) if there is a complaint,
dispute or conflict, which may include an accident, involving you and a third party
provider and such information or data is necessary to resolve the complaint, dispute or
conflict.
2. The Whistle Blower Platform
The Whistle Blower Platform provides a digital network which functions as a marketplace
where persons (“Users”) who seek personal services (“Services”) can be matched with
persons (“partners”) who can provide the Services. Each User shall create a User
account that enables access to the Whistle Blower Platform. Any decision by a User to make
use of or accept Services is a decision made in such User’s sole discretion. Each
Service provided by a partner to a User shall constitute a separate agreement between
such persons.
With respect to restaurant meals, Whistle Blower is a business where the food is prepared by
independent restaurants (our " Restaurant Partners") and delivered by our partners.
Materials posted on the Whistle Blower Platform are not intended to amount to advice on
which reliance should be placed. We therefore disclaim all liability and responsibility
arising from any reliance placed on such materials by any visitor to the Whistle Blower
Platform, or by anyone who may be informed of any of its contents.
We aim to update the Whistle Blower Platform regularly, and may change the content at any
time. If the need arises, we may suspend access to the Whistle Blower Platform and the
Services, or close them indefinitely. Any of the material on the Whistle Blower Platform or
the Services may be out of date at any given time, and we are under no obligation to
update such material.
YOU ACKNOWLEDGE THAT NEITHER Whistle Blower NOR ITS AFFILIATES
PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR
FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR
A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR
ANY OTHER SERVICE OFFERED BY Whistle Blower, OWN ANY VEHICLES FOR
TRANSPORTATION, GOODS OR LOGISTICS OR ANY OTHER SERVICE
ORIENTED ASSETS AND THAT ALL SUCH SERVICES ARE PROVIDED BY
INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED
BY Whistle Blower OR ANY OF ITS AFFILIATES.
License.
Subject to your compliance with this Agreement, Whistle Blower grants you a limited, nonexclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and
use the Whistle Blower Platform on your personal device solely in connection with your use
of the Whistle Blower Platform; and (ii) access and use any content, information and related
materials that may be made available through the Whistle Blower Platform, in each case
solely for your personal, non-commercial use. Any rights not expressly granted herein
are reserved by Whistle Blower and Whistle Blower’s licensors.
Third Party Services and Content.
The Whistle Blower Platform may be made available or accessed in connection with third
party services and content (including advertising) that Whistle Blower does not control. You
acknowledge that different terms of use and privacy policies may apply to your use of
such third party services and content. Whistle Blower does not endorse such third party
services and content and in no event shall Whistle Blower be responsible or liable for any
products or services of such third party providers. Additionally, Apple Inc., Google,
Inc., and/or their applicable international subsidiaries and affiliates will be third-party
beneficiaries to this contract if you access the Whistle Blower Platform using applications
developed for Apple iOS or Android-powered mobile devices, respectively. These
third party beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Whistle Blower Platform in any manner. Your access to the
Whistle Blower Platform using these services or applications is subject to terms set forth in
the applicable third party beneficiary’s terms of service.
Whistle Blower Platform Ownership.
The Whistle Blower Platform and all rights therein are and shall remain Whistle Blower’s property or
the property of Whistle Blower’s licensors. Neither this Agreement nor your use of the
Whistle Blower Platform convey or grant to you any rights: (i) in or related to the Whistle Blower
Platform except for the limited license granted above; or (ii) to use or reference in any
manner Whistle Blower’s company names, logos, product and service names, trademarks or
services marks or those of Whistle Blower’s licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under
Whistle Blower’s various brands or request options, including transportation request
brands, the logistic request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or
request options by or in connection with: (i) certain Affiliates; or (ii) independent
third party contractors, including transportation network company drivers or holders
of similar transportation permits, authorizations or licenses.
It is at Whistle Blower’s discretion which brands or request options are made available to you.
3. Use of the Whistle Blower Platform
User Accounts.
In order to use most aspects of the Whistle Blower Platform, you must register for and
maintain an active personal User account (“Account”). You must be at least 18 years
of age to obtain an Account. Account registration requires you to submit to Whistle Blower
certain personal information, such as your name, address, mobile phone number,
gender and age. You agree to maintain accurate, complete, and up-to-date information
in your Account. Your failure to maintain accurate, complete, and up-to-date Account
information may result in your inability to access and use the Whistle Blower Platform,
including your ability to request access to your personal information or to opt in or out
of marketing preferences, or Whistle Blower’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and
password at all times. You agree and understand that you are responsible for all
activity that occurs under your Account, even as a result of loss, damage or theft of
the device through which you access the Whistle Blower Platform.
Unless otherwise permitted by Whistle Blower in writing, you may only possess one Account.
User Requirements and Conduct.
The Whistle Blower Platform is not available for use by persons under the age of 18 and may
only be used by individuals who can form legally binding contracts under applicable
law. You may not authorize third parties to use your Account, and you may not allow
persons under the age of 18 to receive transportation services from Partners unless
they are accompanied by you or another adult. You may not assign or otherwise
transfer your Account to any other person or entity. You agree to comply with all
applicable laws when using the Whistle Blower Platform, and you may only use the Whistle Blower
Platform for lawful purposes. You will not, in your use of the Whistle Blower Platform, cause
nuisance, annoyance, inconvenience, or property damage, whether to a Partner,
Restaurant Partner, other third-party provider or any other party. In certain instances,
you may be asked to provide proof of identity to access or use the Whistle Blower Platform,
and you agree that you may be denied access to or use of the Whistle Blower Platform if you
refuse to provide proof of identity. Failure to comply with the terms of this section or
of section 5 may result in our taking certain actions against you, including but not
limited to: (i) immediate, temporary or permanent withdrawal of your right to use the
Whistle Blower Platform (ii) legal action against you including proceedings for
reimbursement of all costs on an (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach (iii) disclosure of such
information to law enforcement authorities as we feel is necessary and/or (iv)
immediate, temporary or permanent removal of any posting or material uploaded by
you to our Service.
Promotions, Bundles, Credits and Referral Programs.
Whistle Blower, in its sole discretion, may make promotions available to any User or
potential User. These promotions, unless made to you, shall have no bearing
whatsoever on your Agreement or relationship with Whistle Blower. Promotions will in many
cases be made available to you via alpha numeric codes (“Promo Codes”). Whistle Blower
reserves the right to withhold or deduct credits or benefits obtained through a
promotion in the event that Whistle Blower determines or believes that the redemption of the
promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in
violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes and cash backs in form of Whistle Blower credit: (i) must be
used for the intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold or transferred in any manner, or made available to the general public
(whether posted to a public form or otherwise), unless expressly permitted by
Whistle Blower; (iii) may be disabled by Whistle Blower at any time for any reason without liability
to Whistle Blower; (iv) may only be used pursuant to the specific terms that Whistle Blower
establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to
your use and (vii) Whistle Blower may establish additional terms relating to specific
promotions. Whistle Blower reserves the right to withhold or deduct credits or other features
or benefits obtained through the use of Promo Codes or Whistle Blower credit by you or any
other user in the event that Whistle Blower determines or believes that the use or redemption
of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable
Promo Code terms or this Agreement.
As part of your User account, Whistle Blower may provide you with or allow you to create a
“Whistle Blower Code,” a unique alphanumeric code for you to distribute to friends, family
and other persons (each a “Referred User”) to become new Users (“Referred Users”)
or Partners (“Referred Partners”). Whistle Blower Codes may only be distributed for
promotional purposes and must be given away free of charge. You may not sell, trade,
or barter your Whistle Blower Code. You are prohibited from advertising Whistle Blower Codes,
including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on
any other digital platform or website owned or controlled by you or any other
person. Whistle Blower reserves the right to deactivate or invalidate any Whistle Blower Code at any
time in Whistle Blower’s sole discretion.
As part of your User account, Whistle Blower may provide you with access to a feature in the
Whistle Blower application which may allow you to: (i) manage payment for Services; (ii)
add and store pre-paid credit balance (“Whistle Blower Credit”); and/or (iii) transfer Whistle Blower
Credit to or receive Whistle Blower Credit from other Users, against payment of any
applicable Whistle Blower Fees and subject to any limits on the number of transfers or the
amount of Whistle Blower Credit you can send and/or receive, which Fees and limits may be
modified by Whistle Blower from time to time.
When transferring Whistle Blower Credit balance to another User, the amount transferred and
the applicable Whistle Blower Fees (if any) will be deducted from your User account balance
and will be transferred to the other User. Once the request for the transfer of Whistle Blower
Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree
that in providing you with this feature, Whistle Blower is merely enabling the transfer of
Whistle Blower Credit balance and is no way responsible for the actions of the individual
Users, including the reason for which Whistle Blower Credit is transferred by or to you.
You may be entitled to purchase bundles of Whistle Blower Credit (“Whistle Blower Bundles”) or
you may receive trip discounts ("Trip Discounts") or service discounts (“Service
Discounts”) that you can apply toward payment of certain Services.
Whistle Blower Bundles, Whistle Blower Credits, Trip Discounts and Service Discounts are only
valid for use on the Whistle Blower Platform, and are not transferable or redeemable for cash
and may only be used for certain Services. Whistle Blower Bundles, Trip Discounts and
Service Discounts cannot be combined, and if the cost of your ride exceeds the
applicable credit or discount value we will charge your payment method on file for the
outstanding cost of the trip.
Additional restrictions on Whistle Blower Bundles, Whistle Blower Credits, Trip Discounts and
Service Discounts may apply as communicated to you in a relevant promotion or
specific terms. Whistle Blower may cancel, or vary the terms, relating to any Whistle Blower
Bundles, Whistle Blower Credits, Trip Discounts or Service Discounts at any time in its sole
discretion.
From time to time, Whistle Blower may offer you incentives to refer new Users to the Whistle Blower
community (the “Referral Program”). These incentives may come in the form of
Whistle Blower Credits, Service Discounts, and Whistle Blower may set or change the incentive
types, amounts, terms, restrictions, and qualification requirements for any incentives
in its sole discretion.
Whistle Blower makes no warranties or representations, either expressed or implied, and
expressly disclaim all liability (including consequential damages) with respect to type,
timeliness, cost, quality or fitness of goods or services provided through the
Program. If any participating partner improperly denies a User an accrual or benefit,
Whistle Blower shall have no liability for the same.
Communications.
By becoming a User, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems (where
allowed by and in compliance with local law). Communications from Whistle Blower, its
affiliated companies and/or Partners, may include but are not limited to: operational
communications concerning your User account or use of the Whistle Blower Platform or
Services, updates concerning new and existing features on the Whistle Blower Platform,
communications concerning promotions run by us or our third- party partners, and
news concerning Whistle Blower and industry developments. Standard text messaging
charges applied by your cell phone carrier will apply to text messages we send. If you
no longer wish to receive promotional or marketing-related communications by text
message, please contact legal@Whistle Blower.com and/or review the Privacy Policy for
further information.
4. Charges and Payments
As a User, you agree to pay any amounts charged by Whistle Blower (the “Whistle Blower Fee”) (if
applicable in your jurisdiction) and amounts charged by Partners for providing
Services to you (“Charges”).
After you have received Services from a Partner, Whistle Blower: (i) may facilitate your
payment of the applicable Charges on behalf of the Partner as such Partner’s limited
payment collection agent and (ii) may collect any applicable Whistle Blower Fee directly
from you or, in the case of a cash payment, from the relevant Partner. Payment of the
Charges and Whistle Blower Fee in the above manner shall in all cases be considered the
same as payment made directly by you to the Partner or to Whistle Blower, as applicable.
Charges and Whistle Blower Fees will be inclusive of applicable taxes where required by law,
including any VAT or sales tax. Charges and Whistle Blower Fees paid by you are final and
non-refundable, unless otherwise determined by Whistle Blower. You retain the right to
request lower Charges from a Partner for Services received by you from such Partner
at the time you receive such Services (but not after the Service is underway or
completed). Whistle Blower will respond accordingly to any request from a Partner to modify
the Charges for a particular Service.
All Charges and Whistle Blower Fees are due immediately and payment will be facilitated by
Whistle Blower using the preferred payment method designated in your Account, after which
Whistle Blower or a Partner, as applicable, will send you a receipt by email. If your primary
Account payment method is determined to be expired, invalid or otherwise not able to
be charged, you agree that Whistle Blower may, on its own behalf, and as the Partner’s
limited payment collection agent, use a secondary payment method in your Account,
if available.
As between you and Whistle Blower, Whistle Blower reserves the right to establish, remove and/or
revise Whistle Blower Fees at any time in Whistle Blower’s sole discretion. Charges may also be
varied or revised at any time without your consent. Further, you acknowledge and
agree that Charges and Whistle Blower Fees applicable in certain geographical areas may
increase substantially during times of high demand. Whistle Blower will use reasonable
efforts to inform you of Charges and Whistle Blower Fees that may apply, provided that you
will be responsible for Charges and Whistle Blower Fees incurred under your Account
regardless of your awareness of such Charges or Whistle Blower Fees, as applicable, or the
amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of,
Partner assets and property resulting from use of the Whistle Blower Platform under your
Account in excess of normal “wear and tear” damages and necessary cleaning
(“Repair or Cleaning”). In the event that a Partner reports the need for Repair or
Cleaning, and such Repair or Cleaning request is verified by Whistle Blower in Whistle Blower’s
reasonable discretion, Whistle Blower reserves the right to facilitate payment for the
reasonable cost of such Repair or Cleaning on behalf of the Partner using any of your
payment methods. Such amounts will be transferred by Whistle Blower to the applicable
Partner and are non-refundable.
5. Restricted Activities
With respect to your use of the Whistle Blower Platform and your participation in the
Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk,
threaten, or otherwise harass any person (including other Users making simultaneous
use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit,
ordinance or regulation (iv) interfere with or disrupt the Services or the Whistle Blower
Platform or the servers or networks connected to the Whistle Blower Platform (v) post
information or interact on the Whistle Blower Platform or with respect to Services in a
manner which is false, inaccurate, misleading (directly or by omission or failure to
update information), defamatory, libelous, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii)
use the Whistle Blower Platform in any way that infringes any third party’s rights, including
but not limited to: intellectual property rights, copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy (viii) post, email or
otherwise transmit any malicious code, files or programs designed to interrupt,
damage, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment or surreptitiously intercept or expropriate any system,
data or personal information (ix) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information transmitted through the Whistle Blower
Platform (x) “frame” or “mirror” any part of the Whistle Blower Platform, without our prior
written authorization or use meta tags or code or other devices containing any
reference to us in order to direct any person to any other web site for any purpose (xi)
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the Whistle Blower Platform or any software used on or for the
Whistle Blower Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the
Whistle Blower Platform or access to any portion of the Whistle Blower Platform (xiii) use any robot,
spider, site search/retrieval application, or other manual or automatic device or
process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent
the navigational structure or presentation of the Whistle Blower Platform or its contents (xiv)
link directly or indirectly to any other web sites (xv) transfer or sell your User
account, password and/or identification to any other party (xvi) discriminate against or
harass anyone on the basis of race, national origin, religion, gender, gender identity,
physical or mental disability, medical condition, marital status, age or sexual
orientation (xvii) cause any third party to engage in the restricted activities above. In
the event that you undertake in any of the above while participating in Services, a
Partner shall be permitted to refuse to provide you Services or, if such Services have
commenced, a Partner shall be permitted to refuse to continue to provide you
Services.
6. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE Whistle Blower PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND
“AS AVAILABLE.” Whistle Blower DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET
OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, Whistle Blower MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE
Whistle Blower PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED
THROUGH THE USE OF THE Whistle Blower PLATFORM, OR THAT THE Whistle Blower
PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. Whistle Blower AND
ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY,
SAFETY OR ABILITY OF PARTNERS. YOU AGREE THAT THE ENTIRE RISK
ARISING OUT OF YOUR USE OF THE Whistle Blower PLATFORM AND SERVICES,
AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS
SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.
Whistle Blower and its Affiliates are not responsible for the conduct, whether online or
offline, of any User, Partner Restaurant Partner or any other third party. You are
encouraged to use a reasonable degree of sensibility and caution when interacting with
other Users, Partners or any other third party.
We are not required to procure insurance for, nor are we responsible for private
belongings, including the loss of private belongings as a result of theft or snatching or
because the belongings are left a vehicle.
By using the Whistle Blower Platform and participating in the Services, you agree to accept
such risks and agree that Whistle Blower is not responsible for the acts or omissions of Users,
Partners, Restaurant Partners or any other third party.
You acknowledge that Whistle Blower may or may not have its own insurance coverage from
which you may benefit. In the event thereof, you agree to provide proper notification
of an insurance claim and accept the benefit of any insurance service provided at your
own risk and you hereby acknowledge that Whistle Blower is not acting as a broker in
connection therewith, nor does it provide any guarantees, warranties or any other
assurances in connection therewith.
Whistle Blower and its Affiliates expressly disclaim any liability arising from the
unauthorized use of your User account. Should you suspect that any unauthorized
party may be using your User account or you suspect any other breach of security, you
agree to notify us immediately.
Location data provided by the Whistle Blower Platform is for basic location purposes only
and is not intended to be relied upon in situations where precise location information
is needed or where erroneous, inaccurate or incomplete location data may lead to
death, personal injury, property or environmental damage. Neither Whistle Blower, nor its
Affiliates nor any of its content providers, guarantees the availability, accuracy,
completeness, reliability, or timeliness of location data tracked or displayed by the
Whistle Blower Platform. Any of your information, including geolocational data, you upload,
provide, or post on the Whistle Blower Platform may be accessible to Whistle Blower, selected
partners and relevant Partners.
LIMITATION OF LIABILITY.
Whistle Blower AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
Whistle Blower PLATFORM OR SERVICES, EVEN IF Whistle Blower HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Whistle Blower AND ITS
AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY
DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR
RELIANCE ON THE Whistle Blower PLATFORM OR THE SERVICES OR YOUR
INABILITY TO ACCESS OR USE THE Whistle Blower PLATFORM OR THE
SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU
AND ANY PARTNER OR OTHER THIRD PARTY PROVIDER, EVEN IF
Whistle Blower OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Whistle Blower AND ITS AFFILIATES
AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE
CONTROL. YOU ACKNOWLEDGE THAT PARTNERS PROVIDING
TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST
BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER
TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY
LICENSED OR PERMITTED. IN NO EVENT SHALL Whistle Blower’S AND/OR AN
AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN
CONNECTION WITH THE Whistle Blower PLATFORM, THE SERVICES, ANY
WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED
ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT
PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS
OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE Whistle Blower PLATFORM MAY BE USED BY YOU TO REQUEST AND
SCHEDULE THE SERVICES WITH PARTNERS BUT YOU AGREE THAT
Whistle Blower, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER
PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED
TO ANY SERVICE PROVIDED TO YOU BY PARTNERS OTHER THAN AS
EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND
DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY
OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Whistle Blower, its Affiliates, Restaurant Partners and other
partners and their officers, directors, employees and agents harmless from any and all
claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising
out of or in connection with: (i) your use of the Whistle Blower Platform and the Services or
services or goods obtained through your use of the Whistle Blower Platform; (ii) your breach
or violation of this Agreement or(iii) your violation of the rights of any third party,
including Partners.
7. General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, Whistle Blower will conduct all competitions, contests and
giveaways (each a “Competition”) as described in this section and by entering or
participating in a Competition, each entrant or participant (“Entrant”) agrees to these
rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a
prize specified in the corresponding promotional material (the “Prize”). Whistle Blower may
reject an entry at its own discretion, provided that such rejection will not conflict with
applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In
the event of a Prize being unavailable, Whistle Blower reserves the right to offer an
alternative prize of equal or greater value if circumstances beyond Whistle Blower’s control
makes it necessary to do so. To the extent permitted by law, the Competition Winner
will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won
the Prize. A winning entry (the “Competition Winner”) will be chosen by random
draw (performed by a computer process or supervised by an independent third party)
or by a panel of individuals adjudicating the entries. Reasonable efforts will made to
contact the Competition Winner but if the Competition Winner cannot be contacted or
fails to reply to Whistle Blower’s communication within the communicated timeframe,
Whistle Blower reserves the right to offer the prize to the next eligible Entrant. Whistle Blower will
not be liable if the Prize does not reach the Competition Winner for reasons beyond
Whistle Blower’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section,
neither Whistle Blower nor any Affiliates or Partners involved in a Competition will accept
responsibility or liability for any errors, omissions, interruptions, deletion, or
unauthorized access to Competition entries, or entries lost or delayed whether or not
arising as a result of server functions, virus, bugs, or other causes outside Whistle Blower’s,
an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL Whistle Blower’S
AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO
ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN
CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED
IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF
THE PRIZE.
Whistle Blower reserves the right to cancel or amend the Competition and any associated
terms and conditions. Any changes will be notified to the Entrants as soon as
reasonably practical. If these terms do not, or do not clearly, cater for a solution to any
matter which may arise, then Whistle Blower shall have the sole discretion to decide finally
on any such matter. Whistle Blower’s decisions on any aspect of the Competition is final and
binding and no correspondence will be entered into about it.
8. Dispute Resolution
Arbitration.
You agree that any dispute, claim or controversy arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation or validity thereof
or the use of the Whistle Blower Platform or Services (collectively, "Disputes") will be settled
by binding arbitration between you and any relevant Affiliate in your jurisdiction, or
between you and Whistle Blower Networks (PVT) LTD. if no other Affiliate is incorporated
in your jurisdiction, except that each party retains the right to seek injunctive or other
equitable relief in a court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patents or other intellectual property rights. You acknowledge and agree that
you and Whistle Blower are each waiving the right to a trial by jury or to participate as a
plaintiff or class in any purported class action or representative proceeding. Further,
unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside
over any form of any class or representative proceeding. If this specific paragraph is
held unenforceable, then the entirety of this "Dispute Resolution" section will be
deemed void. Except as provided in the preceding sentence, this "Dispute Resolution"
section will survive any termination of this Agreement. This “Dispute Resolution”
section applies to all Disputes (as defined below) between you and Whistle Blower and/or any
of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection
with or relating to the Whistle Blower Platform or this Agreement, including those relating to
its validity, its construction or its enforceability (any “Dispute”) shall be first
mandatorily submitted to mediation proceedings under the International Chamber of
Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been
settled within sixty (60) days after a request for mediation has been submitted under
such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively
and finally resolved by arbitration under the Rules of Arbitration of the International
Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency
Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator
to be appointed in accordance with the ICC Rules. The place of both mediation and
arbitration shall be in the city in which the applicable Affiliate with which you have a
Dispute has its registered office. The language of the mediation and/or arbitration
shall be English, unless you do not speak English, in which case the mediation and/or
arbitration shall be conducted in both English and your native language. The existence
and content of the mediation and arbitration proceedings, including documents and
briefs submitted by the parties, correspondence from and to the International Chamber
of Commerce, correspondence from the mediator, and correspondence, orders and
awards issued by the sole arbitrator, shall remain strictly confidential and shall not be
disclosed to any third party without the express written consent from the other party
unless: (i) the disclosure to the third party is reasonably required in the context of
conducting the mediation or arbitration proceedings; and (ii) the third party agrees
unconditionally in writing to be bound by the confidentiality obligation stipulated
herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the
jurisdiction in which the relevant Affiliate is incorporated, without giving effect to
any conflict of law principles, except as may be otherwise provided in supplemental
terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Whistle Blower at legal@Whistle Blower.com.
Notice.
Whistle Blower may give notice by means of a general notice on the Whistle Blower Platform,
electronic mail to your email address in your Account, or by written communication
sent to your address as set forth in your Account. You may give notice to Whistle Blower by
written communication to Whistle Blower's email address at legal@Whistle Blower.com.
General.
You may not assign or transfer your rights under this Agreement in whole or in part
without Whistle Blower’s prior written approval. You give your approval to Whistle Blower for it to
assign or transfer its rights and obligations under this Agreement in whole or in part,
including to: (i) a subsidiary or affiliate; (ii) an acquirer of Whistle Blower’s equity, business
or assets; or (iii) a successor by merger. No joint venture, partnership, employment or
agency relationship exists between you, Whistle Blower or any Partner as a result of the
contract between you and Whistle Blower or use of the Whistle Blower Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in
whole or in part, under any law, such provision or part thereof shall to that extent be
deemed not to form part of this Agreement but the legality, validity and enforceability
of the other provisions in this Agreement shall not be affected. In that event, the
parties shall replace the illegal, invalid or unenforceable provision or part thereof with
a provision or part thereof that is legal, valid and enforceable and that has, to the
greatest extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of this Agreement. This
Agreement constitutes the entire agreement and understanding of the parties with
respect to its subject matter and replaces and supersedes all prior or contemporaneous
agreements or undertakings regarding such subject matter.