PRODUCT PERFORMANCE DISCLAIMER
The Alarm Pendant (tracker) is reliant on the cellular phone service provider’s GSM network coverage to make and receive phone calls, and to send SMS messages to the nominated mobiles and to provide GPS/WIFI/LBS positioning. These services may vary between service providers and locations where usage may occur.
The User is responsible for the reoccurring credit cost of the SIM Card.
The Alarm Pendant has ‘serious fall detection’; however, the activation depends on the angle and velocity the tracker hits the ground. Therefore, if the user slides down a wall or falls not allowing the device from a distance of at least 1 meter to have contact with the ground, the Alarm Pendant may not activate. In this case, if the user does not hear a beep after ten (10) seconds, they have the option to press the SOS button for assistance.
Mercari Ltd does not accept responsibility for any perceived failure due to (but not limited to) incorrect programming, battery maintenance, cellular, GSM and GPRS coverage or any such perceived failure by the selected network carrier in providing and maintaining suitable connectivity to the cellular, GSM/GPRS network. The product supplier accepts no responsibility for any failure that is due to (but not limited to) incorrect tracker programming, dismantling the tracker or misuse or water ingress or other forms of damage.
It is advisable that the user places the Alarm Pendant in the charge each day in case it is needed in an emergency
The Alarm Pendant requires the coverage of a compatible cellular carriers transmission frequency. Mercari Ltd will not be held responsible if the User is not in a mobile coverage area which prevents the cellular call from proceeding to the nominated mobiles. Verification that the Alarm Pendant is in cellular coverage can be verified by the Green LED light flashing rapidly once in 3 second intervals. It is the responsibility of the User or family to ensure the Alarm Pendant is in cellular coverage. It is the responsibility of the User to ensure the alarm is in cellular coverage and has a working, correct frequency appropriate to the alarm SIM card. It must be understood that the cellular coverage may be interfered with in the case of being in a lift, underground car park, between high rise buildings, tunnels, dense forest or road cuttings.
Mercari Ltd will not be held responsible if the User purchases an incompatible SIM card.
Mercari Ltd will not be held responsible if the User purchases SIM card carrier changes/alters frequency.
Limitations of GPS location.
The Alarm Pendant is dependent and limited to the common constraints of all GPS system satellites. The Alarm Pendant uses the GPS technology using Google Maps to fix its location which is accurate within 2-3 meters (Hot fix only. Cold fix is within 50 meters). The Alarm Pendant requires the line of sight to the satellites. A fix to these satellites must be done on first receiving the Alarm Pendant and tested for its accuracy. The Blue LED light on the side of the Alarm Pendant will verify its fix to the satellites by flashing in 3 second intervals. In the event that the Alarm Pendant cannot get a fixed co-ordinates it will try to provide its last known position in a “Help” SMS. The Alarm Pendant will check for an updated GPS location when it detects movement. The GPS location can be verified by sending a “loc” SMS to the Alarm Pendant.
If the device is unable to locate any GPS satellite signals (Such as inside a building or carpark – anywhere with no line of sight to the sky), it will use GSM & Wifi signals to give a ‘relative’ location instead.
Limitation of warranties
The medical and health information within this website is published “as is” without any representations or warranties, express or implied. Mercari Limited and it employees and/or agents make no representations or warranties in relation to the medical and health information within this website.
Without prejudice to the generality of the foregoing paragraph, Mercari Limited does not warrant that:
-The medical and health information on it’s website will be constantly available, or available at all; or
-Any medical and health information on it’s website is complete, true, accurate, up-to-date, or non-misleading.
You must not rely on the information within this website as an alternative to medical advice from your doctor or other health services provider.
If you have any specific questions about any emergency plan, medical or health matters you should consult your doctor or other professional health services provider or personal carer.
You should never delay seeking medical advice, disregard medical advice, or commence or discontinue any medical treatment because of information within this ‘manual’
The User must have an understanding that the Alarm Pendant has not been designed or guaranteed to prevent any loss or injury.
Mercari Ltd does not accept the responsibility for the accuracy of position information provided by cellular carriers or Service Providers. To the maximum extent permitted by applicable law, in no event shall Mercari Ltd be liable to the User or any 3rd party for any indirect, special, consequential, incidental or punitive damages of any kind, in contract or tort, including, but not limited to, death, injury, loss of revenue, loss of goodwill, loss of business opportunity, loss of data, and/or loss of profits, arising out of, or related to, in any manner, or the delivery, performance or non-performance of obligations, or use of the information, data or documentation hereunder regardless of the foreseeability thereof.
Mercari Ltd shall not be held responsible or liable for any injury, loss or damage caused by the nominated persons failing to respond to an emergency call. If not withstanding the terms of this agreement there should arise any liability on the part of Mercari Ltd 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 Ltd’s negligence to any degree or failure to perform any obligation or strict products liability will be limited to the specific purchase price for the supply of the device.
Limitation of liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under an applicable New Zealand law.