TERMS & CONDITIONS
The parties hereto agree that:
1. Alerting people in an emergency situation
The Purchaser/User of the device understands that the device is used as a first-instance, alert system to help the wearer in an emergency, when under duress or when in need of help. It is designed and supplied to simply alert the Purchaser/User’S chosen contacts, family member/s or friend/s, work colleagues, emergency services, employers, carer/s or neighbor/s so they can quickly arrange someone to come to the Purchaser/User aid. Use of the device does not guarantee that help or protection or that emergency help will arrive within a specific time frame.
2. Limitations of device: Mobile network coverage disclaimer
The Purchaser/User understands the actual cellular alarm connection depends on where they are in relation to the available 4G GSM mobile network coverage. Purchaser/User should be aware we do not guarantee that coverage.
It is the Purchaser/User responsibility to ensure coverage is adequate in the country/areas they anticipate usage. Most cellular network providers provide coverage maps on their own respective websites and it is the users responsibility to check these for coverages before purchase.
Purchaser/User must also accept that physical structures may block or inhibit coverage could include basements, lifts, underground car parks, concrete buildings, tunnels and trees. Geographic features which may block or inhibit coverage could include formations such as hills and mountains or even trees.
If the Purchaser/User is relying on the device for possible emergencies it is the responsibility of them to test the device before using it and relying on it and then do regular tests. We do not guarantee that the device can connect to the cellular network at all times, or that a help SMS or help call will be received by every emergency contact at all times or within a short time frame.
3. Limitations of device: GPS Functions disclaimer
The Purchaser/User understands that the GPS functions and the help SMS alarms the device sends out with a GPS location on Google Maps are limited to the common constraints of all GPS systems.
The device uses the built in GPS technology to fix the location of the device with an accuracy of 5 meters. In order for the GPS functions to work it requires a line-of-sight connection to satellites in the sky. For the device to receive the signal it needs to be pointed to the sky. It normally takes up to 10 minutes to receive it’s first fix (TFFF) and work out the co-ordinates of it’s exact location.
In the event that the pendant cannot receive the GPS signal it will provide it’s last known position only in a help SMS. The device does not use a ‘triangulation method’ when a current GPS fix is not available. The device checks for an updated GPS location when the device detects movement in accordance with the default, power saving mode and therefore We cannot guarantee that the device knows the current GPS location at all times, i.e. When the help button is activated or a ‘loc’ request is sent to it via SMS.
Underground car parks, lifts, concrete buildings, tunnels and other constructions can block the signal from satellites to the pendant. It is possible that if a wearer of the pendant is in a location where there is no GPS signal that there may also be no 4G/3G cellular signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.
4. Limitation of prepaid credit being available
SIM card is Not included in the purchase price. The Purchaser/User understands that the device requires a 4 G SIM card, specific to the frequency of the country of intended use, installed that requires an amount of either pre-paid or on account credit to be available for it to perform it’s SMS alarm functions, GPS location functions, voice call functions and SMS reply and command functions. It is the responsibility of the Purchaser/User to regularly check that there is enough credit for functioning. We take no responsibility for the Purchase of a SIM card, its network connectivity or coverage capability, checking or recharging of credit at any time.
5. Limitation of liability
The parties agree that the device is not designed or guaranteed to prevent any loss or injury
Mercari Ltd (NZ) will not guarantee in any way that the device will prevent accidents, death or personal injury to the Purchaser/User or others, property damage, illegal entry or undue delay in any emergency service response from occurring and is not liable in any manner for any loss or damage resulting there from.
Mercari Ltd (NZ) is not responsible or liable for any injury, loss or damage caused by persons responding, failing to respond, or failing to respond promptly to USER’S home or other location. Mercari Ltd is not responsible or liable for any injury, loss or damage caused in whole or in part by damage to the device while in your possession, improper installation, unreasonable use or abuse of the device, failure to provide proper maintenance or to follow the written instructions provided or failure to regularly test the device.
7. Delivery of these terms and conditions
The Purchaser/User acknowledges that these terms and conditions and incorporated documents were made available to the Purchaser/User online via this website and were delivered to the Purchaser/User’S address by Tracked Post/courier along with the device, it’s packaging and printed instructions for the installation and use of the device.
8. Conflicting documents
Should there arise any conflict between this agreement and Purchaser/User’S purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or subsequent to this agreement.
9. Full agreement / Severability
This agreement constitutes the full understanding of the parties and may not be amended, modified or cancelled, except in writing signed by both parties. The Purchaser/User acknowledges and represents that the USER has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
10. Legal action
The Purchaser/User submits to the jurisdiction and laws of New Zealand and agrees that any litigation or arbitration between the parties must be commenced and maintained in Auckland New Zealand. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered by NZ Post addressed to the party’s business address in this agreement or another address provided by the party in writing to the party making service.
11. Governing law
This Agreement shall be governed by the laws of New Zealand.