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 Emfit has not been designed or guaranteed to prevent any loss or injury.
Mercari Ltd does not accept the responsibility for the accuracy or sensitivity provided by the Emfit Epilepsy Alarm. 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 alarm. 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.