By using Cargo Pilot, you agree to these terms.
Thank you for selecting the Services offered by Cargo Pilot, a product of Merge Digital (Merge Group (Pty) Ltd and/or its subsidiaries and affiliates, referred to as "Cargo Pilot", "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 Cargo Pilot 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.
The following products and services are covered by Cargo Pilot and Merge Group:
This Agreement describes the terms governing your use of the Cargo Pilot 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:
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 Cargo Pilot. 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 license 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:
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 program ordering and payment terms provided to you on the website for the Services.
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.
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.
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 license 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:
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 license to use the feedback you provide.
Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license 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.
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.
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.
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 judgment 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.
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.
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.
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 unauthorized 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.
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.
When you use Cargo Pilot, 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.
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