Hitter Terms of Use


By proceeding with using Hitter, you agree to be bound by the terms and conditions contained in this Hitter Terms of Use (the Terms) and these Terms govern your use of Hitter and constitute a legally binding agreement between you and [Hainan XUAN Cheng Network Technology Co.,Ltd ], as the case may be (Hitter, we or us).



Hitter is a merchant solution tool built within Subscription Service and it enables you to view various listings of Products from the Suppliers and place Purchase Orders with the Suppliers via (a) the module embedded in your admin panel of Hitter Subscription Service or (b) Third Party Service (as the case may be).


You wish to register as a user of Hitter and use Hitter in accordance with the Terms.


1. Definitions

 

1.1. "Delivery times" is the estimated time it takes for the package of the Product to get to the End customer after it is Dropshipped.


1.2. “Dropshipped" and "Dropshipping" means sending Products directly from Supplier to an End Customer on behalf of you.


1.3. “End Customer" means an end customer of you who purchased the Products from you through your store website and whom such Products are to be Dropshipped to.


1.4. “Listing Price” means the price that Supplier lists against the Products as being the price that the Supplier shall charge you for selling such Products, exclusive of transaction fees, taxes and shipping costs.


1.5. “Merchant Purchase Order” means an order placed by you for Products from the Supplier submitted through Hitter.


1.6. “Products” means Supplier’s products listed by Supplier through Hitter. For the avoidance of doubt, the “Products” exclude any product listed through any Third Party Service.


1.7. “Shipping Price” means the fee listed on Hitter by Supplier for Dropshipping any Products to End Customers.


1.8. “Hitter Account” means an user account for Hitter Subscription Service.


1.9. “Hitter” means merchant solution tool module embedded in your admin panel of Hitter Subscription Service, which enables you to view various listings of Products from the Suppliers and source and purchase Products directly from the Suppliers and arrange for such Products to be Dropshipped by Suppliers to your End Customer.


1.10. “Hitter Subscription Service” means Hitter e-commerce enabler services, the terms and conditions of which are posted onto the site: https://hitterapp.com/terms.


1.11. “Supplier” means a supplier who has integrated with Hitter and offers listings of its Products on Hitter for your viewing and purchasing. For the avoidance of doubt, the “Suppliers” exclude any supplier that has integrated with Third Party Services as opposed to Hitter and offers listings of its products on such Third Party Services.


1.12. “Supplier Profile” means the Supplier’s profile on Hitter, which is available for you to view and on which Suppliers may detail information regarding the Supplier, its location, its terms of supply, processing time, delivery time and such other information as Hitter may permit or require from time to time.


1.13. “Third Party Service” means any third party services you access via Hitter (e.g., Aliexpress), including third party software, platform, applications, products, services or website.


1.14. "Total Fees" means, in respect of a Merchant Purchase Order, the aggregate of the Listing Price for all Products ordered, the Shipping Price, and transaction fees that Hitter may impose and any applicable sales, value added or similar taxes.


2. Account Requirements

 

2.1. In order to use Hitter, you must register for and maintain an active Hitter Account and provide certain information including your email address and any other information identified as being required. You agree to maintain accurate, complete, and up‑to‑date information for your Account. Your failure to maintain accurate, complete, and up‑to‑date Account information including, where applicable, having an invalid or expired payment method on file with Hitter, may result in your inability to access and use the Services or the termination of your Account.


2.2. You are responsible for all activity and content, such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.Hitter.


3. Dropshipping

 

3.1. Suppliers shall publish their Products on Hitter for you to view, list on the your own store website, and sell directly to End Customers on the basis of the Products being Dropshipped by Suppliers. As the Partner, Hitter does not purchase, sell, resell, provide, control, manage, offer, deliver, supply or Dropship any Products. If you order a Product to be Dropshipped by a Supplier, you and the Supplier are entering into a sale and purchase contract directly with each other. Additional terms required by a Supplier may be published by the Supplier on the Supplier Profile through Hitter, or as otherwise communicated between you and Supplier. Hitter is not and does not become a party to or other participant in any contractual relationship between you and Suppliers. Hitter is not acting as a sales agent in any capacity for you nor for the Supplier.


3.2. Subject to on the provisions in this Section and the other terms and conditions of these Terms, HitterE shall make available to you for your commercial use on a non-exclusive, non-transferable, limited and revocable basis.


3.3. You must not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise exploit or make Hitter available to any third party; (b) interfere with or disrupt the integrity or performance of Hitter or the data contained therein; (iii) attempt to gain unauthorized access to Hitter or its related systems or networks; or (d) disclose any benchmarking or results of Hitter to third parties without Hitter’s prior written consent.


3.4. In addition, you must not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Hitter; (b) circumvent any user limits or other timing or use restrictions that are built into Hitter; (c) remove any proprietary notices, labels, or marks from Hitter; (d) frame or mirror any content forming part of Hitter; or (e) access Hitter in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of Hitter.


3.5. Hitter has the right to alter, suspend, or discontinue Hitter or any part of it at any time and for any reason or no reason. In such cases, Hitter will exercise its reasonable efforts to give notice of such changes. Hitter may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hitter may periodically add or update the information and materials on the Hitter without notice.


4. Third Party Service


4.1. If you access or use any Third Party Service via Hitter, you acknowledge that access to Third Party Services is made available only as a convenience. Your access or use of any Third Party Service is solely between you and the applicable Third Party Service provider. Your purchase of any product via any Third Party Service is solely between you and the applicable supplier which lists products on such Third Party Service. Any use by you of Third Party Services made available through Hitter is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before engaging them. Hitter reserves the right to cease providing access to any Third Party Service at any time, without any liability on Hitter’s part.


4.2. Ordering and payment for products purchased from suppliers via Third Party Services is processed on the applicable Third Party Service’s platform, instead of Hitter. We do not provide any warranties with respect to Third Party Services. You acknowledge that Hitter has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services via Hitter or the integration or enabling of Third Party Services with Hitter does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Hitter.


4.3. You hereby grant us permission to allow the applicable Third Party Service providers to access your data and to take any other actions as required for interoperation of the Third Party Service with Hitter. Hitter is not responsible for any disclosure, modification or deletion of your data or for any corresponding losses or damages you may suffer as a result of access by a Third Party Service provider to your data.


5. Listings and Transactions through Hitter


5.1. You are free to determine the price that you charge for such Products to your End Customers, unless otherwise prohibited by any applicable law or regulation or agreed upon between you and Supplier. Supplier will only charge you the aggregate of the Listing Price for all Products ordered, the Shipping Price, and any applicable sales, value added or similar taxes.


5.2. When listing Products available through Hitter on your store website powered by Hitter, you may display any information or images listed by Suppliers in respect of such Products. However, Hitter makes no warranty, representation, or covenant as to the accuracy, completeness or sufficiency of such information or whether such information is in compliance with any legal, statutory or regulatory requirements, and expressly disclaims any and all responsibilities in respect of any information made available by Suppliers through Hitter.


5.3. Where you submit a Merchant Purchase Order through Hitter for Products listed as available, you and the applicable Supplier are entering into a legally binding sale and purchase agreement under which Supplier agrees to Dropship the Products to the specified End Customer at the Listing Price, plus applicable Shipping Price and taxes. Such agreement shall incorporate the minimum terms set out below and such other lawful and non-conflicting terms as may be set out in Supplier’s Supplier Profile at the time of the Merchant Purchase Order. Hitter IS NOT PART OF, AND HAS NO RESPONSIBILITY OR LIABILITY IN RESPECT OF, ANY SUCH CONTRACT.


5.4. Each Supplier’s refund and return policies are set out in the applicable Supplier Profile.


5.5. HitterHAS NO CONTROL OVER THE ACTIONS OF SUPPLIERS AND DISCLAIMS ANY AND ALL RESPONSIBILITIES OR LIABILITIES IN THE EVENT OF A BREACH BY SUPPLIER OF ITS OBLIGATIONS. Hitter DOES NOT PROCESS ANY MERCHANT PURCHASE ORDERS, IT MERELY FACILITATES COMMUNICATION AND CONTRACT BETWEEN YOU AND SUPPLIERS. ACCORDINGLY, WHILE Hitter WORKS WITH YOU AND SUPPLIERS TO RESOLVE ANY ISSUES THAT MAY ARISE, Hitter EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITIES FOR THE PROCESSING OF ANY MERCHANT PURCHASE ORDER, INCLUDING WITHOUT LIMITATION THE DELIVERY OF ANY ORDERED PRODUCT, THE CONTENT OF ANY MERCHANT PURCHASE ORDER, ANY INCORRECT, LATE, DAMAGED, BROKEN, UNSAFE, UNLAWFUL DELIVERY, ANY FAILURE TO MAKE DELIVERY, AND DELIVERY TO A WRONG ADDRESS, ANY DEFECT OR QUALITY ISSUE IN THE PRODUCTS, OR ANY OTHER ACT, ERROR OR OMISSION IN RESPECT OF THE PROCESSING OF OR FAILURE TO PROCESS A MERCHANT PURCHASE ORDER BY ANY SUPPLIER.


6. Service Terms


6.1. Subject to the terms and conditions of this Agreement and payment of the Service Fees, Hitter shall make Hitter available to you during the term of your subscription (the Term) and provide basic support to you in respect to your permitted use of Hitter. You acknowledge and agree that Hitter may be unavailable at times during the Term because of: (a) planned downtime; or (b) any unavailability caused by circumstances beyond Hitter's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, pandemic, epidemic, acts of terror, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, hack and cyber attack.


6.2. Hitter is not a back-up service and accordingly Hitter will not be responsible for any lost data due to server crashes or other reasons.


6.3. From time to time, additional services or third-party functionality (such services or functionality being deemed not to be part of Hitter) may be made available by Hitter to you. Such additional services or functionality may be offered to you without additional charges, or purchased by you for additional fees set by us. The provision of such services and functionality shall be subject to any additional terms and conditions we specify as well as these Terms, and the additional terms and conditions shall control in the event of any conflict or discrepancy.


6.4. In addition to other prohibitions as set forth in these Terms, you are prohibited from using Hitter, its content, or any of the services available through Hitter: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, rules, or regulations; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious or destructive code; (g) to collect or track the personal information of others for purposes not permitted by law or not agreed by the relevant persons; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of Hitter, or any related website or application, other website or application. In addition to our other termination rights, we reserve the right to terminate your use of Hitter or any related website or application for violating any of the prohibited uses.



7. Intellectual Property

 

7.1. Subject to the limited rights expressly granted in these Terms, Hitterreserves all rights, title and interest in and to Hitter, including all related intellectual property right. No rights are granted to you in these Terms other than as expressly set forth in these Terms.


7.2. As between you and Hitter, you shall own and retain ownership of content provided, stored and processed through Hitter (Merchant Content). You hereby grants Hitter a worldwide, royalty-free, and non-exclusive license to access Merchant Content in order to: (a) operate Hitter, including storing, hosting and management of such content; and (ii) create Data Patterns (as defined in the section below). You understand that Hitter, in performing the required technical steps to operate Hitter, may (a) transmit or distribute Merchant Content over various public or private networks and in various media; and (b) make such changes to Merchant Content as are necessary to conform and adapt that Merchant Content to the technical requirements of connecting networks, devices, services or media.


7.3. "Data Patterns" means non-personally identifiable information, data and reports derived from or compiled through Hitter, including but not limited to demographics data, aggregated statistics on user conversion, location data and trend data such as aggregated data and statistics which may indicate frequency and type of use of Hitter, and popularity of Hitter. For clarity, Data Patterns are data that does not identify a specific person or business. As between you and Hitter, all right and title to Data Patterns belongs to Hitter and accordingly Hitter is free to use Data Patterns for any purpose including the improvement of Hitter.


7.4. You are solely responsible for the Merchant Content you that you upload, publish, display, link to or otherwise made available via Hitter, including ensuring that you have the necessary rights to publicly post any Content you select to post on your store website powered by Hitter. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Merchant Content and complying with all applicable local, provincial, state, federal or foreign laws in using Hitter.


7.5. Hitter will not review or monitor any Merchant Content except as provided herein, as provided in Hitter’s Privacy Policy, or as may be required by law. Notwithstanding the foregoing, Hitter retains the authority to remove any Merchant Content that it deems in violation of these Terms or any applicable laws or regulations in its sole discretion.


7.6. Except for Merchant Data, Hitter and the information and materials that it contains, are the property of Hitter and its licensors (if any), and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Hitter product names and logos are trademarks or registered trademarks. Nothing contained in Hitter should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Hitter or any materials displayed on Hitter, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written consent of Hitter.


8.
Disclaimers; Limitation of Liability


8.1. You expressly agree that your use of, or inability to use, Hitter is at your sole risk, and we disclaim responsibility for any harm resulting from your use of and access to Hitter. Hitter is provided to you (except as expressly stated by us) “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express, implied or statutory, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that Hitter will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of Hitter will be accurate or reliable, or that the quality of any services, Products, Third Party Services or other material purchased or obtained by you through Hitter will meet your expectations. Moreover, Hitter does not warrant that the results that may be obtained from the use of Hitter, or information provided by Suppliers, will be accurate or reliable.


8.2. You expressly agree that:


8.2.1. Hitter has no control over the quality, safety, morality or legality of any aspect of the Products or Third Party Services, the truth or accuracy of the listings available through Hitter, including any Third Party Service, or the ability of Suppliers to sell or fulfill orders for Products. Hitter cannot ensure that a Supplier will actually complete a transaction.


8.2.2. Hitter is not responsible or liable for any content, for example, data, text, product descriptions, information, usernames, graphics, images, photographs, profiles, testimonials, audio, video, items or links posted by any other parties on Hitter, or made available by any Suppliers.



8.2.3. To the fullest extent permitted by law, Hitter and its Affiliates are not responsible for: (a) any actions, inactions, statements or guarantees made by Suppliers; (b) Products; (c) Third Party Services; or (d) expected transactions of parties utilizing Hitter, including those based on the transaction process, the performance of the contract, trading practices, course of dealing, product quality or product fulfillment and delivery. Some jurisdictions do not allow limitations on implied warranties, so the foregoing limitation may not apply to you.


8.3. In no event shall Hitter or its affiliates, officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, intellectual property right infringement, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of Hitter or any Products or Third Party Services procured using Hitter, even if advised of the possibility of same. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.



9. Termination


9.1. If in our sole judgment you fail, or we suspect that you have failed, to comply with any provisions of the Terms, we may terminate the Terms at any time without notice and accordingly may deny you access to Hitter or any part thereof.


9.2. Either Hitter or you may terminate the Terms at any time by serving a [one-month] written notice to the other party. For the avoidance of doubt, in no event shall any Service Fee, subscription fee, or service charges in connection with Hitter paid or prepaid to Hitter by you be refundable or redeemable to you.


9.3. The obligations (including payment obligations) and liabilities incurred prior to the termination date shall survive the termination of the Terms for all purposes. Notwithstanding any termination or expiration of this Agreement, you shall settle any payment obligations incurred pursuant to Section 7.


10. Miscellaneous

 

10.1. The parties are independent contractors. Unless otherwise expressly stated in the Terms, the Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.


10.2. The law governing the validity, construction and interpretation of the Terms shall be the law of People’s Republic of China.


10.3. Unless otherwise agreed upon by you and us in writing, any dispute, controversy or claim arising out of or relating to this User Agreement, or the breach, termination or invalidity thereof shall be submitted to the court where Hitter is located.


10.4. We reserve the right, in our discretion, to change, amend, to add or remove any provisions in the Terms ("Amendments"). We will notify you of the Amendments by email (being the primary email linked to your account) or by posting the updated Terms with the Amendments on this website. You are advised to check the Terms from time to time for any Amendments that may impact you. By continuing the use of Hitter, you agree to be bound by the updated Terms with the Amendments. Unless otherwise specified, any Amendments will apply on the date on which the updated Terms with the Amendments are communicated to you or posted on this website.


10.5. If any provision of the Terms is found or determined to be invalid or unenforceable under any applicable law, the remainder of this User Agreement will continue in effect.


10.6. The Terms and all terms, conditions, policies and procedures that are incorporated herein by reference, constitute the entire agreement between you and Hitter with respect to your use of Hitter.


10.7. Except as expressly provided in the Terms, the Terms describe the entire liability of Hitter and sets forth your exclusive remedies with respect to Hitter and your access and use of Hitter.


10.8. You may not assign or otherwise transfer any rights and obligations hereunder, without our prior written consent, which we may refuse in our sole discretion. Any attempted assignment without our prior written consent shall be deemed null and void. We may assign or transfer our rights and/or obligations under the Terms at any time without your consent by giving you a notice. We may effectuate such assignment or transfer by novation at our option.