Terms of Use

1. Scope

These Terms of Use (the “Terms”) govern your use of the Tongan-English Dictionary mobile application for iOS and Android (the “App”) and this website (the “Site”), both provided by Jordan Gardner (“we”, “us”). By installing or using the App, or by using the Site, you agree to these Terms. If you do not agree to them, do not use the App or the Site.

How information is handled is described separately in our Privacy Policy, which forms part of these Terms.

2. Permission to use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your own reference purposes. This license is granted on the terms of this page and, in addition, on the usage rules of the store you obtained the App from.

You may not sell, rent, sub-license or redistribute the App itself, nor attempt to decompile or reverse engineer it except to the extent that applicable law expressly permits you to do so.

3. The dictionary content and its accuracy

The dictionary is transcribed by hand from C. Maxwell Churchward’s 1959 Tongan-English dictionary. It is offered as a reference work and as a record of that printed source. Transcription errors, omissions and inconsistencies do occur, and the language itself has moved on since the source was compiled.

The App is therefore not a substitute for professional translation, and should not be relied upon where an inaccurate rendering would carry legal, medical, financial or safety consequences. If you find something wrong, the Report an issue control inside the App is the fastest way to have it corrected.

4. Supporting the project

The dictionary is free to read in full. The App additionally offers a one-time, optional contribution toward the continued work of transcribing and correcting it. As a thank-you, that contribution makes a set of alternate app icons available to you.

The contribution is a one-time purchase and not a subscription. Nothing renews, nothing is charged again, and declining it withholds no part of the dictionary. The amount is the price shown in the App Store or Google Play at the time of purchase.

5. Payment, restoring and refunds

Purchases are processed by Apple or by Google, not by us. Apple or Google is the seller of record, takes the payment, and holds the record of it; we never see your payment details. Your purchase is tied to the Apple Account or Google account that made it.

On a new device, or after reinstalling, use Restore Purchase in the App’s settings, or the restore control on the support screen, while signed in to that same account. Restoring does not charge you again.

Because the store takes the payment, refunds are handled by the store under its own policy, and requests must be made to Apple or to Google rather than to us. We are glad to help you find the right place to ask — see section 12.

6. Acceptable use

You agree not to use the App or the Site to break the law, to interfere with their operation or security, or to attempt automated bulk extraction of content from the Site. When you send us an issue report, you agree that what you write is yours to send and contains nothing unlawful.

7. No warranty

The App and the Site are provided “as is” and “as available”, without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the App will be uninterrupted or error-free, or that the content is complete or correct.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms removes a consumer right that cannot lawfully be excluded.

8. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss arising out of your use of the App or the Site, including any loss arising from reliance on a definition. Our total liability in connection with the App is limited to the amount you have paid us, if anything, for it.

Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

9. The App Store and Google Play

Where you obtained the App from the Apple App Store, the following applies. These Terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content. Apple has no obligation to provide any maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever in respect of the App. We are responsible for addressing any claim relating to the App, including product liability claims, any claim that the App fails to conform to a legal requirement, and any claim arising under consumer protection or similar legislation, as well as any third-party claim that the App infringes that party’s intellectual property rights.

You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of them, will have the right to enforce them against you as a third-party beneficiary.

Where you obtained the App from Google Play, your purchase is additionally governed by the Google Play Terms of Service, and the paragraphs above concerning Apple do not apply.

10. Changes

We may update the App, the Site and these Terms from time to time. The date at the head of this page records when the Terms were last revised. Where a change materially reduces what you are entitled to, it will be reflected here before it takes effect in a released version of the App. Continuing to use the App or the Site after a change takes effect indicates your acceptance of the revised Terms.

A contribution already made is not affected by a later change to these Terms.

11. Governing law

These Terms are governed by the laws of the State of Utah and the applicable federal law of the United States, without regard to their conflict of law provisions. The courts located in the State of Utah will have jurisdiction over any dispute arising out of these Terms.

If you use the App as a consumer resident outside the United States, this does not deprive you of the protection of the mandatory consumer law of the country in which you live, nor of the right to bring proceedings there where that law gives you it.

12. Contact

Questions about these Terms may be directed to the contact form. Help with the App, including reporting a wrong definition, is on the support page.