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Mercari Technologies America LLC Product Terms

Product use Terms and conditions

Parties and agreement

USER: (Person/s using the LONE WORKER ALARM)

Mercari Technologies America LLC. (Mercari Technologies):   8 The Green, StR 8 Dover, Delaware 19901 USA

The parties hereto agree that:

  1. Alerting people in an emergency situation
    The 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 USER’S chosen contacts so they can quickly arrange someone to come to the USER’S aid. Emergency Services can be included as a contact, but use of the device does not completely assure that help or protection or that emergency help will arrive within a specific time frame.
  2. Limitations of device: Mobile network coverage disclaimer
    The USER understands the actual mobile alarm connection depends on where they are in relation to the available 4G mobile network coverage. USERS should be aware that the LONE WORKER ALARM uses mobile coverage. It is the USERS responsibility to ensure there is adequate 4G signal (Or compatible alternate) at the proposed locations of use. Mercari Technologies is not responsible for lack of coverage or signal. Mercari Technologies is not responsible for network changes, delays, outages or frequency changes made by any cellular network.

This is a common characteristic of cellular systems. For example, coverage could be degraded or non-existent in specific locations due to certain physical structures or geographic features or as a result of the device used. Physical structures which may block or inhibit coverage could include basements, lifts, underground car parks, concrete buildings, tunnels and road cuttings. Geographic features which may block or inhibit coverage could include formations such as hills and mountains or even trees.

If the USER is relying on the device for possible emergencies, it is the USERS responsibility to test the device before using it and relying on it and then do regular tests. Mercari Technologies does not guarantee that the device can connect to the mobile network at all times, or that a help text or help call will be received by every emergency contact at all times or within a short time frame.

  1. Limitations of device: GPS Functions disclaimer
    The USER understands that the GPS functions and the help text 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 2 metres. 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 Bluetooth or wifi position or its last known position only in a help text . 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 Mercari Technologies 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 text.

Underground carparks, elevators, 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 cellular signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.

  1. Limitation of emergency calls and texts being available (Managed Subscription SIM Card option – US Customers Only)
    The USER understands that the LONE WORKER ALARM has an M2M 4G LTE Type (AT&T Frequency provided by US Mobile Darkstar) SIM card installed that must be used in accordance with our Fair Use Policy and requires an annual subscription fee of $192 for it to perform it’s functions. SIM card subscriptions are for 12 month periods and cannot be refunded once purchased. It is the responsibility of the USER to renew this annual subscription fee of $192 for the SIM card to function. The USER is provided with annual reminders via email to the purchasers email address. If the USER doesn’t renew the annual subscription fee before renewal date, the SIM card subscription will cease at the end of the 12 Month period. Subscription starts the day the SIM card is activated and ends at 5PM, 365 days later.

The user is able to use alternate SIM cards to the Mercari Technologies supplied & installed SIM card for any compatible frequency prepay or on account SIM card at any time at the USERS cost. Even if the SIM card is swapped, the device settings will remain and the device will function as it did previously. USERS may be able to use alternate SIM cards should the carrier operate on the same cellular frequencies (APN change may be required). USERS, if swapping SIM cards may need to adjust the APN settings to suit the network selected.

The USER understands that the cost of renewing subscriptions can change from time to time, after the time of purchase and that the USER should make themselves aware of changes to the subscription costs.

  1. Fair use policy (Managed Subscription SIM Card option – US Customers only)
    Yearly renewal of your SIM card
    Managed SIM card include option comes with a 12-month subscription for a US Mobile Darkstar SIM card. You will need to renew your subscription after each 12 month period. You do not need to check your credit. We will contact you every 12 months with instructions on how to renew.

Emergency usage policy (’Fair Use’)
The LONE WORKER ALARM is deemed to be an mPERS device (Mobile Personal Emergency Response System) It is designed to be used in emergency circumstances. It is not like a communication device such as a mobile phone. Your device comes under our ‘Fair Use Policy’ which means it is to be used for help in emergency situations.

Excessive use advice
We have allocated a fair and adequate amount of voice and data to your device based on average usage patterns of thousands of customers. Voice and text usage for every device is monitored by Mercari Technologies. Customers using the device’s ‘Side talk button’ or the ‘Location text function’ heavily will be contacted to discuss usage options. We reserve the right to apply further charges for excess use or discuss the option to move the SIM card into your name if you wish to use the ‘Side talk button’ and the ‘Location text function’ frequently. We also reserve the right to disable these two functions if used excessively (we would not do this before discussing with you).

  1. Limitation of liability
    The parties agree that the device is not designed or guaranteed to prevent any loss or injury.
    If, notwithstanding the terms of this agreement, there should arise any liability on the part of Mercari Technologies America LLC as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by Mercari Technologies America LLC negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the sum of $499.00 for the supply of the device.

Mercari Technologies cannot guarantee in any way that the device will prevent accidents, death or personal injury to the 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 Technologies 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 Technologies 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.

  1. Return/Refund policy
    Mercari Technologies publishes it returns/refund policy on its website and the USER agrees that this policy was available at the time of purchase.
  2. Delivery of these terms and conditions
    The USER acknowledges that these terms and conditions and incorporated documents were made available to the USER online via Mercari Technologies website and were delivered to the USER’S address by Fedex, USPS, UPS or DHL along with the device, it’s packaging and printed instructions for the installation and use of the device.
  3. Conflicting documents
    Should there arise any conflict between this agreement and 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.
  4. 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 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.
  5. Legal action
    The USER submits to the jurisdiction and laws of Delaware and agrees that any litigation or arbitration between the parties must be commenced and maintained in Dover, Delaware, USA. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered by registered 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.
    Mercari Technologies America LLC, 8 The Green, Dover, Delaware 19901
  6. Governing law
    This Agreement shall be governed by the laws of Delaware.
  7. Changes to T&C’s

We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.