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Terms & Conditions

By using Miridia, you agree to these terms.

Thank you for selecting the Services offered by Miridia, a product of Merge Digital (Merge Group (Pty) Ltd and/or its subsidiaries and affiliates, referred to as "Miridia", "Merge Group", "we", "our", or "us").

Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Merge Group. By accepting electronically (for example, clicking "I Agree"), installing, accessing, or using our Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

By accessing and using this site or any Miridia products and services, you accept the following terms and conditions, without limitation or qualification.

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of Merge Group. All trademarks used or referred to in this website are the property of their respective owners.

Service Offering

The following products and services are covered by Miridia and Merge Group:

  • Delivery orchestration and management
  • Supply chain management
  • Software management and cloud services
  • Technical support
  • Data management
  • Digital consulting
  • Software application development
  • Product licensing

Client Responsibilities

  • Payment for all development costs at specified intervals.
  • Payment for all management, hosting, and support costs as per project requirements.
  • Reasonable communication around payment, business formalities, software development, and changes beyond the project scope.
  • Adhere and comply with Merge Group's formalities when it comes to intellectual property agreements and service usage.
  • Ensure respect and punctuality in terms of project timelines and meeting requests.
  • Agree that all supporting legal and/or project documents are an extension of this agreement.

Our Responsibilities

  • Provide clear reference to services provided.
  • Present a clear, concise, and measurable description of service provision.
  • Manage perceptions of expected service provision with service support and delivery.
  • Ensure respect and punctuality in terms of project timelines and meeting requests.

1. Agreement

This Agreement describes the terms governing your use of the Miridia online services provided to you on this website and via our platform, including products, content, updates and new releases (collectively, the "Services"). It includes by reference:

  • Our Privacy Statement, available on the privacy policy page.
  • Additional terms and conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including project, product or programme terms, ordering, activation, and payment terms.

2. Your Rights to Use the Services

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Miridia. We reserve all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, we grant to you a personal, limited, nonexclusive, nontransferable right and licence to use the Services.

You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
  • Make the Services available on any file-sharing or application hosting service.

3. Payment

For Services offered on a payment or subscription basis, the following terms apply unless we notify you otherwise in writing. This Agreement also incorporates by reference and includes programme ordering and payment terms provided to you on the website for the Services.

  • Payments will be billed to you and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the programme ordering or payment terms.
  • If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  • We will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
  • Additional cancellation or renewal terms may be provided to you on the website for the Services.

4. Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, internet access, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

5. Your Personal Information

You can view our Privacy Policy provided with the Services and on this website. You agree to the applicable Privacy Policy, and any changes published by us. You agree that we may use and maintain your data according to our Privacy Policy, as part of the Services. You give us permission to combine information you enter or upload for the Services with that of other users of the Services and/or other services. This means that we may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions.

6. Content

You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant us a worldwide, royalty-free, non-exclusive licence to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. We are not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  • Illegal, fraudulent, defamatory, obscene, threatening, abusive, hateful, harassing, offensive, or objectionable information or communications of any kind.
  • Content that would impersonate someone else or falsely represent your identity or qualifications.
  • Unsolicited commercial communication, chain letters, pyramid schemes, or spamming.
  • Viruses, trojan horses, worms, or other disruptive or harmful software or data.
  • Any information, software or content which is not legally yours without permission from the copyright owner.

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free licence to use the feedback you provide.

7. Intellectual Property

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any licence or right to any copyright, patent, trademark or other proprietary interest of Merge Group or any third party. This site and the content provided, including but not limited to graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Merge Group.

In the case of partnerships, discounted rates, equity, and profit-sharing agreements: if a Service Level Agreement and Proprietary Rights Agreement has not been agreed on in a formal written contract, the software or product being developed by Merge Group or any of our consultants are by default the intellectual property of Merge Group (Pty) Ltd without exception.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERGE GROUP, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES.

MERGE GROUP AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

9. Limitation of Liability and Indemnity

SUBJECT TO APPLICABLE LAW, MERGE GROUP, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MERGE GROUP SYSTEMS REQUIREMENTS.

You agree to indemnify and hold Merge Group and its affiliates and suppliers harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement.

10. Third-Party Links

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Merge Group. Links on this site may lead to services or sites not operated by us. No judgement or warranty is made with respect to such other services or sites and we take no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

11. Governing Law

Merge Group maintains this site in Durban, South Africa and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of South Africa without reference to its choice of law rules. If you attempt to bring any legal proceedings against Merge Group, you specifically acknowledge that Merge Group is free to choose the jurisdiction of our preference as to where such action against us may be held.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws.

12. Changes

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

13. Termination

We may, in our sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorised access issues to protect the integrity of our Services or systems and comply with applicable policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services and any outstanding payments will become due.

14. General

This Agreement, including the Additional Terms, is the entire agreement between you and Merge Group and replaces all prior understandings, communication, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.

You cannot assign or transfer ownership of this Agreement to anyone without the written approval of Merge Group. However, Merge Group may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Merge or (c) a successor by merger.

Data Security and Privacy

When you use Miridia, you trust us with your personal and professional information. We help safeguard that data and protect your privacy by using industry-leading technology and practices. We use the data you share with us to help you reach your operational goals while giving you choices on how we collect and share it.

Contact us

If you have any questions about these Terms, please contact us at legal@mergedigital.io or team@cargopilot.net.

If you want to request a transfer of this Agreement, contact Merge Group via email to: legal@mergedigital.io

Miridia is a product of Merge Digital (Merge Group (Pty) Ltd).