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Terms and Conditions

END USER LICENSE AGREEMENT

 
Last updated February 18, 2022
 
 
 
Tonga Emergency is licensed to You (End-User) by Utupoto Technology, located and registered at Pelehake, TongatapuTonga (hereinafter: Licensor), for use only under the terms of this License Agreement. 
 
By downloading the Application from the Apple AppStore or from Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
 
The parties of this License Agreement acknowledge that Apple and Google is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Utupoto Technology, not Apple, not Google is solely responsible for the licensed Application and the content thereof.
 
All rights not expressly granted to You are reserved.
 
 
1. THE APPLICATION
 
Tonga Emergency (hereinafter: Application) is a piece of software created to Allow easy access to authority telephone number Make it easy to contact for help, Identify your location so the help can get there quicker - and customized for Apple and Android  mobile devices. It is used to In time of emergency, Report fire, Call for Ambulance, Call Police, Provide national numbers.
 
 
2. SCOPE OF LICENSE
 
2.1  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Utupoto Technology's prior written consent).
 
2.2  Licensor reserves the right to modify the terms and conditions of licensing.
 
 
3. TECHNICAL REQUIREMENTS
 
3.1  Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
 
3.2  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical  specifications mentioned above.
 
3.3  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
 
 
4. MAINTENANCE AND SUPPORT
 
4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
 
4.2  Utupoto Technology and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
 
 
5. USE OF DATA
 
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://www.utupoto.to/app/tonga-emergency/privacy.
 
 
6. USER GENERATED CONTRIBUTIONS
 
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
 
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
 
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
 
 
7. CONTRIBUTION LICENSE
 
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
 
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
 
 
8. LIABILITY
 
8.1  Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
 
8.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
 
 
9. WARRANTY
 
9.1  Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described.
 
9.2  No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Utupoto Technology's sphere of influence that affect the executability of the Application.
 
9.3  You are required to inspect the Application immediately after installing it and notify Utupoto Technology about issues discovered without delay. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
 
9.4  If we confirm that the Application is defective, Utupoto Technology reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
 
10. PRODUCT CLAIMS
 
Utupoto Technology and the End-User acknowledge that Utupoto Technology, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
 
(i) product liability claims;
 
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
 
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
 
 
 
11. CONTACT INFORMATION                  
 
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
     
Finau Kaufusi
Pelehake
Tongatapu,
Tonga
fkaufusi@gmail.com
 
 
12. TERMINATION
 
The license is valid until terminated by Utupoto Technology or by You. Your rights under this license will terminate automatically and without notice from Utupoto Technology if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
 
 
 
13. APPLICABLE LAW
 
This license agreement is governed by the laws of Tonga excluding its conflicts of law rules.
 
 
14. MISCELLANEOUS
 
17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
 
 
 
          
17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

Privacy Policy

Privacy Policy

Utupoto Technology built the Tonga Emergency app as a Free app. 

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at Tonga Emergency unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in this privacy policy.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

  • To facilitate our Service;
  • To provide the Service on our behalf;
  • To perform Service-related services; or
  • To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to their Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

We do not knowingly collect personally identifiable information from children. We encourage all children to never submit any personally identifiable information through the Application and/or Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide personally identifiable information through the Application and/or Services without their permission. If you have reason to believe that a child has provided personally identifiable information to us through the Application and/or Services, please contact us. You must also be at least 16 years of age to consent to the processing of your personally identifiable information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.

This policy is effective as of 2022-02-13

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@utupoto.to.

privacy policy

 

Tonga Emergency App Support Information

appIf you need technical support about this App, please contact us on info@utupoto.to

We encourage the users of this App to report any error they see on the App, that will help us improve

the quality and accuracy of the App.

For any suggestion like adding a national number to the App information page, please don't hesitate to 

contact us with your suggestion.  We welcome your suggestion and ideas.

Thank You.

Utupoto Technology team.

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