TERMS & CONDITIONS
The parties hereto agree that:
1. Alerting people in a wandering situation
The USER of the device understands that the device is used as a first-instance, alert system to help the caregiver prevent the user wearer wandering. It is designed and supplied to simply alert the wearers chosen caregiver, family member/s or friend/s, work colleagues, employers, carer/s or neighbor/s so they can quickly detect wandering. Use of the device does not guarantee that help or protection or that emergency help will arrive within a specific time frame.
- Limitations of device:
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.
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.
- 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
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.
It is the users responsibility to ensure coverage is adequate in the areas they anticipate usage. User must also accept that physical structures may block or inhibit coverage could include concrete walls, 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 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.
- Limitation of liability
The parties agree that the device is not designed or guaranteed to prevent any loss or injury
Mercari Ltd will not 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 Ltd 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.
- Return/Refund policy
Mercari Ltd publishes it returns/refund policy on this website and the USER agrees that this policy was available at the time of purchase.
- 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 this website and were delivered to the 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.
- 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.
- 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.
- Legal action
The 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.
- Governing law
This Agreement shall be governed by the laws of New Zealand.