+64 9 888 0621 contact@mercari.co.nz

Legal Disclaimer

PRODUCT PERFORMANCE DISCLAIMER
The Proximity Care Button is reliant on the cellular phone Bluetooth coverage to work. The Bluetooth capability may vary between phone models, tablet models, service providers and environmental locations where usage may occur. The types of Bluetooth devices (including mobile phones & tablets) that can be connected to the Proximity Care Button are limited and, even among compliant devices; there are some which may not operate reliably with your Button. It is the responsibility of the consumer to purchase a suitable Bluetooth product that will operate correctly with the Proximity Care Button . 

Although Bluetooth is intended to be a standard protocol, Bluetooth® device manufacturers may incorporate certain changes within this standard protocol over the course of the product lifecycle of the device (especially mobile phones). These changes are outside the control of Mercari Limited and may result in the Bluetooth functionality becoming impaired. Proximity Care Button requires Bluetooth 4.0 or upwards in order to connect. 

The Proximity Care Button App requires a modern Smart Phone with IOS or Android 4.3 or above to be able to connect to the button. 

Distance Limitations

Most Bluetooth devices, especially those that run on battery power, are Class 2 Bluetooth devices. Class 2 devices have a range of about 10 meters, or around 30 feet. The range limitations are meant to avoid the quick depletion of the battery. While the Bluetooth signal will work through walls, the more objects that are in between the devices, the less overall range the devices will have. Class 1 Bluetooth devices have a range of about 100 meters, but the size and power consumption needed to create a Class 1 signal means that small wireless devices could not use it and are confined to the 10 meters of the Class 2 protocol.

Interference

Bluetooth devices work with the 2.4 GHz radio band, which is the same unlicensed frequency used by many other wireless devices. If many devices in the same area are all using the same stretch of bandwidth, it can lead to overall network problems, as the signals collide and information has to be resent. The Bluetooth signal was designed to change it’s frequency many times per second to reduce this interference, but if enough devices are trying to use the same small stretch of bandwidth, interference is inevitable. Bluetooth 3.0, being used in devices created in 2010, uses the 6-9 GHz spectrum, so it will have much fewer interference issues. Bluetooth 3.0 devices are also capable of transmitting at 2.4 GHz to communicate with earlier Bluetooth technologies. Bluetooth 3.0, running at 2.4 GHz, has the same issues with interference as earlier Bluetooth technologies. 

 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. 

Liability
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 Button 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 the Service Providers. To the maximum extent permitted by applicable law, Ln 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 law.