TERMS & CONDITIONS

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN MERCARI TECHNOLOGIES AMERICA LLC (“MERCARI TECHNOLOGIES”) AND THE PARTY THAT USES COMPANY’S MOBILE PERSONAL EMERGENCY RESPONSE DEVICES AND CONNECTIVITY FOR SUCH DEVICES (IF APPLICABLE) (THE “PRODUCTS”), WHO ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR HERSELF, HIMSELF OR ITSELF (AS APPLICABLE, “USER” OR “YOU”).

PLEASE NOTE THAT YOU NEED NOT AGREE TO BE BOUND BY THIS AGREEMENT.  HOWEVER, IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE NOT PERMITTED TO USE THE PRODUCTS, AND SHALL NOT HAVE ANY RIGHTS HEREUNDER AS A “USER.” IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD PROMPTLY DISCONTINUE USE OF THE FAMILYR PRODUCTS.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. USER’S USE OF THE FAMILYR PRODUCTS SIGNIFIES USER’S AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

MERCARI TECHNOLOGIES RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD OR REMOVE ANY PORTION OF THESE TERMS AND CONDITIONS AT ANY TIME AND FOR ANY REASON.  YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF ANY CHANGES.  USER’S CONTINUED USE OF THE FAILYR PRODUCTS AFTER ANY CHANGES TO THE TERMS OR CONDITIONS OR THE PRODUCTS WILL BE CONSIDERED ACCEPTANCE OF THESE CHANGES.

 

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 family member/s or friend/s, work colleagues, employers, carer/s or neighbor/s so they can quickly arrange someone to come to the USER’S 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 USER understands the actual mobile alarm connection depends on where they are in relation to the available mobile network coverage. USERS should be aware we do not guarantee that coverage.

It is the users responsibility to ensure coverage is adequate in the 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.

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 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 mobile 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 USER understands that the GPS functions and the help SMS alerts 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 2.5 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.

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 device.

It is possible that if a wearer of the device is in a location where there is no GPS signal that there may also be no mobile signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.

Mercari Technologies cannot guarantee the device’s GPS signal will operate in circumstances where it is blocked and/or obscured and/or obstructed and will known its location at all times. The USER accepts it is the USER’s responsibility to be aware of the limitations of the device in circumstances where the signal could be blocked and/or obscured and/or obstructed. The USER accepts responsibility for any injury, loss, damage or other consequential loss or harm in these circumstances.

 

4. Limitations of device: Wifi & GSM Functions disclaimer

The device utilizes multiple geolocation technologies, including Wi-Fi, GSM (cellular) and Bluetooth, to determine its location. While these systems enhance location accuracy, each has inherent limitations that may affect performance under certain conditions.

Wi-Fi and GSM-Based Location Tracking

Wi-Fi and GSM positioning estimate device location by analyzing nearby Wi-Fi access points and cellular towers. These methods are particularly useful when GPS signals are weak or unavailable, such as indoors or in areas with obstructed sky views.

However, the accuracy of Wi-Fi and GSM-based location tracking can vary:

Urban Areas: In areas with numerous Wi-Fi networks and cell towers, location data can vary in accuracy. Wi-Fi locations work by comparing the Wi-Fi network signals received by the device to a known list of access points and their locations as dictated by the ISP (Internet Service Provider). Information provided by the APN or ISP may or may not be accurate. Wifi signals can change momentarily due to router, power and environmental issues. For example: some wifi routers are programmed to restart at certain days/times. Wifi can also momentarily drop out. Wifi signals can vary in signal strength. All of these factors can influence the location data the device is receiving, and therefore, what it is reporting when being tracked.    

Rural or Remote Areas: In sparsely populated areas with fewer Wi-Fi access points and distant cell towers, accuracy may decrease significantly, potentially ranging from several hundred meters to several kilometers.

Additionally, Wi-Fi and GSM signals can be affected by environmental factors such as building materials, physical obstructions, and signal interference, which may further impact location accuracy.

Bluetooth-Based Location Tracking

The device prioritizes Bluetooth-based location tracking when available, as it can offer precise indoor positioning in environments in which the Bluetooth Charging Base is located. In the absence of Bluetooth signals, the device will attempt to determine location using Wi-Fi, GSM, or GPS, depending on signal availability and quality.

Implications for Emergency Location Reporting

In emergency situations, the device will utilize the most accurate and available location data to inform designated contacts. However, due to the limitations outlined above, there may be instances where the reported location is approximate or less precise, particularly in rural or obstructed environments.

User Acknowledgment

By using the Familyr Alarm, users acknowledge and accept that location accuracy is subject to the limitations of the underlying technologies and environmental factors. Mercari Technologies does not guarantee exact location determination in all circumstances and disclaims liability for any inaccuracies arising from these limitations.

 

5. Limitation of Cellular networks
   Mercari Technologies America LLC will utilize its access to third-party cellular and/or satellite telecommunications networks in order to permit the Familyr product to communicate with such networks.  This service will be provided as, when and where available, subject to transmission limitations including, without limitation, atmospheric conditions, topographical conditions, third-party wireless provider or other third-party issues or conditions, network congestion, emergency preemption, interruptions, and interference or limitations of third-party wireless telecommunications carriers.  THIS SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY THAT THE SERVICE IS FIT FOR ANY PARTICULAR PURPOSE. 

MERCARI TECHNOLOGIES MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OR QUALITY OF THE SERVICE AND SHALL HAVE NO LIABILITY FOR ANY ERRORS, OUTAGES, FAILURES OR INADEQUATE SERVICE.

User’s ability to use certain features of the Product may be limited during periods of high volume, systems upgrades and maintenance or for other reasons. Company will not be liable to User if you are unable to use such features.

6.Limitations of Device, Bluetooth Disclaimer

Bluetooth technology allows devices to communicate and share data wirelessly over short distances. It is intended for use within a relatively limited range, such as within and around your home (e.g., backyard, general household area). The Familyr Alarm includes a Bluetooth 5.0 beacon housed within the charging base station , which is pre-programmed with the geographic coordinates the purchasers nominated address. The Familyr alarm pairs with this Bluetooth beacon to enable continuous connection for location services while in range.

Bluetooth positioning is reliable within an approximate 20-meter radius of the Bluetooth beacon however each home location is different and users should test the range of the Base Station Bluetooth signal to ensure the range is known. Once the Familyr alarm is outside this range, Bluetooth functionality will not be available, and the Familyr alarm will instead attempt to obtain location data via GPS or Wi-Fi/GSM where possible.

Please note that Bluetooth is not a substitute for GPS or Wi-Fi and is intended for use in providing accurate location information only within the defined range of the Bluetooth beacon.

 

7. Limitation of liability
   No Guarantee of Prevention The USER acknowledges and agrees that the Familyr alarm is not designed or guaranteed to prevent any loss, injury, harm, damage, consequential loss, accident, injury, or death. Mercari Technologies makes no representations, warranties, or guarantees regarding the device’s performance as a means of preventing such occurrences.

Purpose of the Familyr Device The USER acknowledges and agrees that the primary purpose of the Familyr alarm is to alert pre-programmed emergency contacts (including 911, if programmed) in circumstances where the USER activates the emergency call or HELP SMS function.

No Guarantee of Emergency Response Mercari Technologies expressly disclaims any promise or guarantee regarding the specific performance of any emergency contact person(s) alerted by the device, including their timely arrival or failure to arrive at the USER’s location.

Limitation of Liability Notwithstanding any other provision of these terms and conditions, in the event that liability is established against Mercari Technologies by reason of any court or tribunal decision, the total liability of Mercari Technologies shall be limited to the sum of $599, representing the cost of the device.

IN NO EVENT SHALL MERCARI TECHNOLOGIES AMERICA LLC BE LIABLE TO BUYER OR ANY OTHER PARTY FOR SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST BUYER BY ANY OTHER PARTY, REGARDLESS OF WHETHER COMPANY HAD BEEN PREVIVOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR DEMANDS.

IF ANYONE OTHER THAN YOU, INCLUDING YOUR INSURANCE COMPANY, ASKS MERCARI TECHNOLOGIES AMERICA LLC  OR REPRESENTATIVES TO PAY FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) DUE TO (I) BREACH OF CONTRACT OR WARRANTY, EXPRESS OR IMPLIED, (II) ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE BY COMPANY OR REPRESENTATIVES, (III) FAILURE OR MALFUNCTION OF THE PRODUCT, (IV) RECORDING OF SIGNAL OR AUDIO COMMUNICATIONS OR VIDEO SURVEILLANCE/RECORDING, (V) PRODUCT OR STRICT LIABILITY, OR (VI) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, YOU AGREE TO PAY (WITHOUT ANY CONDITION THAT COMPANY OR REPRESENTATIVES FIRST PAY) FOR ALL LOSSES, DAMAGES, COSTS AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHICH MAY BE ASSERTED AGAINST OR INCURRED BY MERCARI TECHNOLOGIES AMERICA LLC  OR REPRESENTATIVES.

You hereby waive any rights your insurance company may have to be reimbursed by Company for money paid to you or on your behalf. You hereby release Company for all losses, damages and expenses which are insured.

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. 

All claims, actions or proceedings, legal or equitable, against Mercari Technologies is or its representatives must be limited to breach of this Agreement and commenced in court within one (1) year after the cause of action has accrued or the act, omission or event occurred from which the claim, action or proceeding arises, whichever is earlier, without judicial extension of time, or said claim, action or proceeding is barred, time being of the essence.

TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR OTHER LEGAL PROCEEDING BROUGHT BY EITHER PARTY ARISING OUT OF OR FROM, IN CONNECTION WITH, RELATED TO, OR AS A CONSEQUENCE OF THIS AGREEMENT.

To the fullest extent permitted by law, and except as explicitly provided otherwise, this Agreement and any disputes arising out of or relating to it will be governed by the laws of the State of Delaware, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. All controversies, disputes, demands, counts, claims, or clauses of action between you and us shall be exclusively brought and heard in the state courts located in Dover, Delaware, without any right to remove to Federal Court.

 

8. Familyr Care and Maintenance

Consequences of Improper Care
The USER acknowledges that failure to properly care for the device, including damage, tampering, water submersion, or other misuse, may cause the device to malfunction or fail to operate.

Limitation of Liability
Mercari Technologies shall not be liable for any injury, loss, damage, consequential loss, accident, or death arising from the USER’s failure to properly care for and maintain the device.

Examples of Improper Care
Improper care includes, but is not limited to:
(a) Damage to the device while in the USER’s possession, rendering it inoperable or partially inoperable;
(b) Tampering with or modifying the device;
(c) Improper installation or power surge;
(d) Failure to perform the Monthly Alarm Health Check;
(e) Failure to regularly charge the device;
(f) Unreasonable use or abuse of the device;
(g) Failure to perform routine maintenance as specified in the User Guide Manual;
(i) Any other act or omission that contributes to improper care and maintenance.

 

9. Return/Refund policy
   Mercari Technologies publishes it returns/refund policy on this website and the USER agrees that this policy was available at the time of purchase.

 

10. 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.

 

11. 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.

12. 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.

 

13. Legal action
    The USER submits to the jurisdiction and laws of Dover DE, and agrees that any litigation or arbitration between the parties must be commenced and maintained in Dover, DE. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered to the party’s business address agreement or another address provided by the party in writing to the party making service.

 

Mercari Technologies America LLC

8 The Green, STE R

Dover

DE 19901

USA

 

14. Governing law
    This Agreement shall be governed by the laws of the State of Delaware.

 

15. 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.

⚠️ READ BEFORE USE

Familyr by Mercari Technologies America LLC is not a substitute for 911 or emergency services.

By using this device, you acknowledge and agree to the following:

• No guarantee is made that the Device will prevent harm, injury, or provide effective emergency response.
• You assume all risks related to use, malfunction, or failure of the Device.
• Mercari Technologies America LLC is not liable for any damages, injuries, losses, or failures related to use or inability to use the Device.
• Mercari Technologies America LLC is not responsible for third-party actions (e.g., Your Friends, family, emergency responders, emergency contacts or monitoring services).
• You agree to indemnify and hold harmless Mercari Technologies America LLC for any claims or liabilities arising from use.
• This disclaimer is governed by the laws of Dover, DE, USA
• If you do not agree, do not use the Device.