TERMS & CONDITIONS
Before using your Device, you need to download the Device application by running a search for V.ALRT at: Google Play Store (https://play.google.com/store) for Android phones or App Store (www.apple.com/itunes) for iPhone®. Next, you MUST pair your Device with your smartphone using its Bluetooth functionality. Follow the instructions in the application set up or in the manual that came with the Device. After the setup is complete, your Device can alert your smartphone to send text messages to up to three MOBILE phone numbers and/or alert your smartphone to make calls to up to three phone numbers. It is important to take note of the following:
• Data service plan is required on your own phone
• Your phone must be Android 4.3+ or iOS 7+. It must also support Bluetooth 4.0 wireless technology.
• The V.ALRT application must be running at all times. Do not stop or remove the application;
• Keep Location services and Bluetooth activated/ON;
• A mobile phone number is required for Text/SMS message options to function;
• You must have at least one contact’s Text/SMS or Call selected in the Settings screen.
• Perform a test alert once the Device is connected to your smartphone and coordinate with your contacts to make sure they receive your Text/SMS and calls.
• You may need to re-launch the V.ALRT application any time your smartphone software is updated. Make sure to perform the above test after you re-launch the V.ALRT application.
• To receive audio alerts on your smartphone, make sure your smartphone is not in silent or vibrate mode.
YOU AGREE AND ACKNOWLEDGE that the Device:
• Does NOT call or initiate calls to 911 or any other emergency service center;
• Does NOT have a microphone or a speaker and that all voice communications are handled via your smartphone. As such, you need to be close to your smartphone in order to talk and listen when the phone call is connected;
• Does NOT make or receive phone calls (it sends a signal to your smartphone to initiate a call phone numbers you have identified as part of the Device set up);
• Does NOT directly send SMS messages [it sends a signal to your smartphone to initiate text messages to one or more Mobile Phone Numbers you have identified as part of the Device set up (note that only mobile phones can receive SMS messages)];
• Does NOT determine your location and relies on your smartphone’s location services to determine your location, (note that location information are estimates only and that GPS location services does not work indoors);
• Does NOT work under water;
• Does NOT work if your smartphone is out of network range;
• Does NOT work if it is too far from your smartphone;
• Works ONLY when it is connected to and is in close proximity to your smartphone (make sure the red light on the Device is not blinking and the app shows that the Device is connected). If the connection between the Device and your smartphone is lost, the Device will continue to ping in an attempt to connect to your smartphone. This activity will drain your battery on the Device and the smartphone;
• Battery life is an estimate only and depends on how often your Device is activated;
• Has a range that is determined by its surrounding structure which can vary;
• Fall detection accuracy depends on the nature and impact of the fall. Tests have shown that fall detection works better if the Device is used on a Lanyard. For best results, always press the alert button for 2 to 8 seconds.
You further acknowledge that the Device does not come with any cellular or wireless service plan, data plan or other Internet connectivity services (each, a “Service Provider”). You are solely responsible for ensuring that your smartphone is compatible with the Device (Android 4.3+ or iOS 7+. Support for Bluetooth 4.0), is properly functioning, and has access to a Service Provider. Check with your Service Provider for compatibility and mobile data plan availability.
You acknowledge that: (i) the advertised Device range is approximate and can vary significantly based on the Device’s surrounding structure; (ii) the Device is compatible only with certain smartphones with Bluetooth 4.0 functionality; and (iii) Mercari Limited makes no warranty with respect to the operation of the smartphone or its compatibility with the Device.
You agree that Mercari Limited has no responsibility for: (i) the provision of cellular data services; (ii) wireless services or other Internet connectivity services; or (iii) the terms under which Service Providers may offer those services. Service Providers may charge you for SMS, calls, or location services and other fees that Mercari Limited does not control. You are solely responsible to pay any and all of these fees.
You agree that the Device is not a medical equipment and it is not meant to provide you with medical assistance. As such, you release Mercari Limited, its affiliates, directors, agents, and employees from any and all liability associated with the use, functionality or operation of the Device.
You acknowledge that you have read and agree to be bound by the terms of the EULA, which govern the use of the Device. The EULA can be found at https://vsnmobil.com/valrt/eula.
You understand that the Device is intended to send an alert to your smartphone using Bluetooth communication to initiate the transmission of SMS messages and/or the placement of phone calls. The Device does not assure that SMS messages have been sent or delivered or that phone calls have been successfully placed. You are encouraged to and agree whenever practical to use all other safety and medical devices and techniques available to you for your protection.
You understand and agree that you may receive a call back from one or more of your contacts after an alert has been sent and that all VoIP call backs will be auto answered.
Mercari Limited reserves the right in its sole discretion to limit, disconnect or terminate your Device service in the event of abuse.
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. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Governing law
This Agreement shall be governed by the laws of New Zealand.