About WhistleSentinel
WhistleSentinel (Secured Whistle-Blowing System) is owned and operated by Digital Business Technology Private Limited (DBTPL).
These Terms & Conditions apply to all use of www.whistlesentinel.com (Secured Whistle-Blowing System).
Your access to or use of www.whistlesentinel.com (Secured Whistle-Blowing System) in any manner signifies your agreement to be bound by these Terms of Use and our Privacy Policy. These Terms of Use are a binding legal agreement between you and DBTPL. Hence, please read them carefully before you subscribe to the whistleblowing system. Do not use WhistleSentinel if you do not agree with any of the terms contained herein.
License and Provision
In connection with the activation of WhistleSentinel, an account is opened for you, in which you undertake to fill in correct and complete information in accordance with what is then requested. You hereby confirm that if your information is deficient in any respect, our ability to provide WhistleSentinel may be limited.
You are solely responsible for ensuring that your confidential account and login information is handled securely and is only made available to those who need it. Consequently, you confirm that we do not take any responsibility for any damage incurred due to your confidential account or login information being used incorrectly. However, each Party undertakes to notify the other Party without delay in the event of discovery of, or suspected, unauthorized use of WhistleSentinel. By activating WhistleSentinel, you are granted, during the period for which you have paid in advance, a non-exclusive licence to WhistleSentinel in accordance with these Terms and Conditions.
WhistleSentinel is provided around the clock, all year round, with the exception of such maintenance work of which we notify you in writing in advance. If WhistleSentinel is available less than 99% of the time during a calendar month, you shall have the right to request a free extension of the current contract period by 10 times the time that WhistleSentinel has not been available.
You are authorized to view, copy, print, and distribute (but not modify) the content on this Website if (i) the content does not state that copying, printing, or distribution is not permissible, (ii) your use is for informational, non-commercial purposes only, (iii) any copy of the content that you make includes the copyright notice or other attribution associated with the content, and (iv) you comply with all of your obligations under these Terms of Use.
WhistleSentinel support is available in English via e-mail (support@whistlesentinel.com) with a response time of 8 business hours, on weekdays between 09:00–17:00 IST.
WhistleSentinel may be developed, adapted, and changed during the agreement period, and possibly supplemented with other offers. If such changes can be assumed to entail significant negative consequences for you, we undertake to notify you of these in advance, whereby you shall have the right to terminate WhistleSentinel in writing, taking into account a 30-day notice period. If you have not invoked this right before the day when the notified change takes effect, this right to early termination ceases.
You undertake to follow the applicable guidelines for the use of WhistleSentinel from time to time, and in this respect bear strict responsibility for all users of WhistleSentinel. This includes, but is not limited to, not using the Service in any way that overloads, infects with a virus, or otherwise damages WhistleSentinel, or that causes or enables unauthorized access to WhistleSentinel or any information contained within it.
Payment
You must pay the licence fee as agreed in connection with the activation of WhistleSentinel. The licence fee is paid in advance annually by paying an invoice. In the event of late payment compared with the due date stated on the invoice, statutory default interest is paid. If you are in arrears with payment for more than one month and we have requested payment of the amount due in writing, we have the right to suspend the continued provision of WhistleSentinel until you have paid the outstanding amounts due.
We have the right, but no obligation, to increase the licence fee by 5% each year.
Privacy
Any information submitted on WhistleSentinel is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Ownership
All content included on WhistleSentinel, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of DBTPL and is protected by Indian and international copyright laws. The WhistleSentinel platform and content available, subscribed to, downloaded, or purchased on this site is the exclusive property of DBTPL and protected by Indian and international copyright laws. By using this site to subscribe to WhistleSentinel, you acknowledge the said ownership of DBTPL.
Limitations on Use
You agree and acknowledge that WhistleSentinel is for your organisation’s internal, non-commercial use. You are not permitted to copy, distribute, transmit, reproduce, upload, post, duplicate, publish, license, or offer for sale any information contained on, or obtained from, the WhistleSentinel website without express written consent from DBTPL. Any unauthorized use of WhistleSentinel or its contents would constitute infringement of the intellectual property and other proprietary rights of DBTPL and may subject you to criminal and/or civil liability under applicable laws.
Warranties and Liabilities
DBTPL is not responsible under any circumstances for (i) damages due to content or data uploaded to WhistleSentinel by parties other than ourselves, or (ii) indirect damages such as loss of profit, reduced sales, or no benefit from WhistleSentinel. Our total liability for WhistleSentinel in respect of one or more claims shall in no case exceed an amount corresponding to the total payment made for WhistleSentinel during the calendar year preceding any damage.
Confidentiality and the Right to Publish the Customer’s Name
Each Party undertakes not to disclose to third parties, without the other Party’s written consent, information marked “CONFIDENTIAL”, or otherwise use such information for any purpose other than the Party’s fulfilment of its obligations under these Terms and Conditions. The obligation of confidentiality does not apply to information that a Party can show has become known to it in any way other than through these Terms and Conditions, or that is generally known. The obligation of confidentiality also does not apply when a Party is obliged by law, other statute, or official decision to disclose information.
Neither Party has the right to issue any press release or other public statement related to this Agreement without the other Party’s prior written consent. Nor shall either Party publish the other Party’s name and logo on its website during the term of the agreement, without the other Party’s prior written consent.
Agreement Period and Early Termination
The Agreement applies from the date on which the Parties have entered into the Agreement until the end of the month 12 months thereafter, with the time until the first day of the next calendar month being free of charge. The agreement shall be automatically extended for a period of 12 months unless a Party has terminated the agreement in writing no later than 3 months before the end of each agreement period.
Either Party has the right to terminate the Agreement in writing immediately if:
- The other Party commits a material breach of the agreement and does not remedy such breach within 30 (thirty) days of having received written notice of the breach; or
- The other Party is declared bankrupt, becomes the subject of corporate reorganization, applies for composition, suspends payments, enters into liquidation, or is otherwise considered insolvent.
Notice of termination shall be given without unreasonable delay after the circumstance constituting grounds for termination became known to the Party.
Miscellaneous
- The Parties are, in all respects, independent businesses who conduct business on their own behalf and at their own risk. Unless otherwise expressly agreed, neither Party is entitled to enter into an agreement in the name of the other Party or on behalf of the other Party, or in any other way to impose any obligations on the other Party.
- All amendments and additions to the Agreement and these Terms and Conditions shall be in writing and duly signed by each Party.
- You do not have the right to transfer your rights or obligations under these Terms and Conditions or the Agreement without our prior written consent.
- Upon termination of these Terms and Conditions or the Agreement, for whatever reason, this clause and the following provisions shall remain binding on the Parties: Intellectual property rights, Liability and limitation of liability, Confidentiality, and Applicable law and dispute resolution.
Applicable Law and Dispute Resolution
- Indian law shall apply to these Terms and Conditions.
- These Terms, and all transactions entered into on or through WhistleSentinel, and the relationship between you and the Company, shall be governed in accordance with the laws of India, without reference to conflict-of-laws principles.
- You agree that all claims, differences, and disputes arising under or in connection with or in relation to WhistleSentinel, these Terms, or any transactions entered into on or through WhistleSentinel or the relationship between you and the Company, shall be subject to the exclusive jurisdiction of the courts at Mumbai, India, and you hereby accede to and accept the jurisdiction of such courts.
Modifications
DBTPL may at any time modify these Terms of Use, and your continued use of WhistleSentinel will be conditioned upon the terms and conditions in force at the time of your use.
Customer Support
If you have any questions or concerns, please feel free to contact us at:
Digital Business Technology Pvt. Ltd.
First Floor, Akshar Business Park, 1-1113 Z wing, Plot D, Sector 25
Vashi, Navi Mumbai, Maharashtra 400703
contact@dbtpl.com