TERMS OF USE AGREEMENT

Last Updated on 5 April 2017

Welcome to Hatchhit, a brand building and networking/partnership platform for businesses.

By accessing, signing up, joining, registering, posting, hatching or using Hatchhit, you're agreeing to this Agreement and the Privacy Policy, as may be updated from time to time in accordance with Clause 2 below.

Our Services include any functions on Hatchhit, including without limitation to PROFILE, POST, HATCH, SET CRITERIA, HIT, BIZCONNECT or our related mobile apps, Premium Plans, or any content/information provided as part of these services, collectively known as “Services”.

To use the Services, you agree that you must be of the minimum age of 18 years old.

Kindly take a few moments to read through the terms below. You are entering into a legally binding Agreement.

1. Obligations

Hatchhit is strictly a B2B digital platform dedicated to Users who are offering or seeking brands and business opportunities across the globe related to 3rd party partnership such as distributorship, dealership, licensing, franchising, joint venture and others. To preserve the integrity and credibility of the platform, the following terms and conditions are observed.

1.1 Your Privacy

As a business platform, we value your privacy. Our Privacy Policy is designed to make important disclosures about how you can use Hatchhit for business partnership opportunities and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

1.2 Your Account

You agree that:

  • For personal account, your account belongs to you. You will not provide any false personal information on Hatchhit, create false identity, impersonate another identity, or create an account for anyone other than yourself without permission;
  • For company account, the company controls such an account (which is different from your personal account) and you will not set up a company account without the written permission of the company;
  • You acknowledge that it is an offence to set up a personal or company account to solicit business in any ways for products and brands which you have no rights to represent and by doing so, you will be held fully responsible and accountable legally;
  • In setting up your account, you will choose a strong and secure password and keep that password confidential;
  • You will not add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “Status” or any other field, or including telephone numbers, email contacts, street addresses or any personally identifiable information for which there is not a field provided by Hatchhit);
  • You will not use an image of others for your profile or if you have no rights of use to;
  • You will not provide false and misleading information on any fields on Hatchhit;
  • You will not use or attempt to use another's account;
  • You will not transfer any part of your account to anyone without our written permission;
  • You are responsible for anything that happens through your account unless you close it or report misuse;
  • You will not monetize your account by selling your contact lists in Hatchhit or offer to post updates or hatch opportunities on behalf of others for a fee or in kind;
  • If we disable your account, you will not create another one without our permission;
  • You will not imply or state that you are affiliated with or endorsed by Hatchhit without our written consent.

1.3 Your Membership Subscription

Hatchhit is currently on beta mode and you can use our Services free of charge until the launch of Hatchhit subscription plans (“Premium Plan(s)”). We operate on a Freemium model and intend to offer different types of Premium Plans at some point in time base on our sole discretion.

You agree that when the Premium Plans program is launched, you will have to select one of the plans. You agree that by doing so, depending on the plan you select, the services, privileges, content and features made available to you on the Services, and the fees chargeable for the use of the same, will differ.

You agree that Hatchhit is not responsible or liable for any compromises or damages that you encounter if the plan you have selected does not provide the same level of Services as you have enjoyed at the beta mode.

We reserve the right to make changes to any Premium Plans, or to add a new or remove an existing Premium Plan in the exercise of our sole discretion, without liability to you.

For Premium Plan that is purchased by your company for your usage, your company controls such an account and may terminate your access to it based on its discretion.

1.4 Community Standards

You understand that Hatchhit is a B2B partnership platform strictly for brands/business partnership eg. in the form of distributorship, dealership, licensing, franchising and joint venture etc. You understand that such B2B partner relationship takes time to build and that credibility and trust, business credentials, track record, detailed business and partner evaluation, due diligence, and business terms negotiation will take place for any contractual relationship to be forged.

You will leverage on Hatchhit platform to build brand awareness and credibility of your business by way of content marketing through POST. When you have a partnership opportunity relating to distributorship, dealership, licensing, franchising and JV, you will broadcast it through HATCH. When you have a specific partnership event such as an open house, press conference, forum, product launch etc., you will broadcast it through HATCH. You will manage engagement with your business stakeholders through BIZCONNECT.

You are aware that Hatchhit is not a directory listing service, not a e-Commerce platform to sell your products, not for job seeking or hiring purpose, not a dating site, not for sharing of personal photos or posting of your personal daily activities.

We welcome POST on brands, products, corporate people, process, network, technology, industry, trends, sector-base, country-base, business-base news and updates. We welcome HATCH on opportunities related to distributorship, dealership, licensing, franchising and JV.

You agree not to:

  • Post any unsolicited or unauthorized advertising, spam, tout, direct marketing, direct sale of products, job seeking, hiring opportunities, or any other form of solicitation unauthorized by Hatchhit;
  • Post topics containing threats, hate messages, pornography, nudity, violence, adult subjects, religion or politics;
  • Provide false or misleading information on your PROFILE, POST, HATCH and CRITERIA;
  • Upload anything that contains viruses, worms, or any other harmful code;
  • Engage in unlawful multi-level marketing such as pyramid scheme, fraud or other similar practice;
  • Use Hatchhit to do anything unlawful, misleading, malicious or discriminatory;
  • Harass or spam others or send other unwelcomed communications to others;
  • Act in an unlawful, offensive, unprofessional, malicious, libelous, abusive, obscene, discriminatory or otherwise objectionable manner.

Whenever you make use of a feature that allows you to upload material to Hatchhit, or to make contact with other users of Hatchhit, you must comply with the content standards set out in this Agreement. You warrant that any such contribution does comply with this Agreement, and you indemnify us for any breach of that warranty.

We are not obliged to pre-screen users or to monitor any or all content posted on Hatchhit by you or other users. You agree that we are not responsible or liable for the content or accuracy of any information, materials or content posted by you, other users, or other parties on Hatchhit and that you use the Services entirely at your own risk.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in this Agreement.

1.5 Copyright, IP and Competitive Acts

You agree not to:

  • Copy, download, modify and use PROFILES, POST, HATCH, HITS, BIZCONNECT of others or information and content on Hatchhit through any means (including add-ons, browser plugins, crawlers, and any other technology or manual work);
  • Disclose information that you do not have the right to disclose (such as confidential information of others or of your company);
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of Hatchhit, including, without limitation, using the word “Hatchhit” or its egg device in any business name, email, or URL except as expressly permitted in writing by Hatchhit;
  • Copy, modify, reverse engineer or create derivative works of Hatchhit or the Services, or any part thereof;
  • Override any security feature of the Services.

1.6 Content and Information Sharing

  • The content and information shared by you on Hatchhit are owned by you and you can choose the privacy setting on who can receive such content and information;
  • We have made available privacy settings so that you have the options on who can see the content or information;
  • When you publish content or information using the Public setting, it means that you are allowing everyone, including people outside of Hatchhit, to access and use that information, and to associate it with you (i.e., your name and profile pictures);
  • In the case where your POST or HATCH is intended for specific viewers, the onus is on you to ensure the right broadcast list is selected and the privacy setting is appropriately set;
  • Your connections under BIZCONNECT are only visible to you in the case of personal account and to the assigned users in the case of company account. Connections under BIZCONNECT are specific to each account and cannot be made public;
  • For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Hatchhit (IP License) without compensation to you or others. This IP License ends when you delete your IP content or terminate your account unless your content has been shared with others, and they have not deleted it;
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others); and
  • We appreciate your feedback or suggestions on Hatchhit, and you agree that Hatchhit may use them for any purpose without any obligation to compensate you.

1.7 Payment

When you purchase any of our paid Services (“Premium Plans”),

  • You agree to provide a valid payment instrument to complete the instruction;
  • We will bill your payment instrument immediately and then at the beginning of each subscription period upon renewal unless otherwise terminated;
  • Your purchase price includes applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription;
  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates);
  • If a trial period is offered and you do not cancel during the period, you will be billed at the end of the free trial period for the next subscription period;
  • You can cancel your subscription, change to any Premium Plans at any time, however, there shall be no refund for any partially unused periods. Your new billing will take effect as soon as you have activated the change. Your new subscription period commences in tandem with your new payment date, along with the Premium features you have subscribed to;
  • In the event that there are good reasons to believe that your account has been billed erroneously, we may consider providing a refund subject to the case being investigated;
  • When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument and you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that payment instrument, along with other related transaction information.
2.1 We may modify or revise this Agreement at any time in the exercise of our sole discretion, with or without notice to you, and you agree to be bound by all such modifications or revisions. We may (but shall not be obliged to) notify you of changes to this Agreement by:
  • Displaying the new terms on-screen when you next use the Service;
  • Email, via an online service or otherwise; or
  • Any combination of the above modes.
2.2 You agree that you are responsible for periodically reviewing this Agreement for any changes and keeping yourself informed of the most up-to-date version of this Agreement, at our Premium Plans page
2.3 If you do not agree to any modification or revision to this Agreement, you are to stop using the Services immediately. Your continued use of the Service after a change or update has been made will constitute your assent to and acceptance of the revised Agreement.
3.1 We reserve the right to restrict, suspend or terminate your account and your access to or use of the Service or any part of it if:
  • If you are in breach of this Agreement;
  • If you misuse any of the Services; and
  • If you create risk or possible legal exposure for Hatchhit.
3.2 We will notify you by email and at your next attempt to access your account.
3.3 You may also delete your account or disable your application at any time. In all such cases of termination of account, clauses 1.2h, 1.2l, 1.6c, 1.6g, 3, 5, 6, 7 and 8 survive termination.
3.4 Any amounts owed by either party prior to termination remain owed after termination.
4.1 We may update, change, remove or discontinue the Services or change any features, component or content of the Services at any time, for any reason, with or without notice to you, in the exercise of our sole discretion, without liability. We therefore do not guarantee that any specific content, component and/or feature will always be available on the Services.

5.1 No Warranty

To the extent allowed under law, Hatchhit (and those that Hatchhit works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the services will function without interruption, delays or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.

Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.

5.2 Exclusion of Liability

To the extent permitted under law (and unless Hatchhit has entered into a separate written agreement that supersedes this agreement), Hatchhit (and those that Hatchhit works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).

If anyone brings a claim against us related to your actions, content or information on Hatchhit, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide standards for user conduct, we do not control or direct users' actions on Hatchhit and are not responsible for the content or information users transmit or share on Hatchhit. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Hatchhit. We are not responsible for the conduct, whether online or offline, of any user of Hatchhit.

In no event shall the liability of Hatchhit (and those that Hatchhit works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent half-yearly fee that you paid for a premium plan, if any, or (b) US$1,000.

This limitation of liability is part of the basis of the bargain between you and Hatchhit (and those that Hatchhit works with to provide the services) and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Hatchhit (and those that Hatchhit works with to provide the services) has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

6.1 In the event of any concern, claim or dispute between you and another user or a third party:
  • You shall communicate directly with the other party to resolve such concern, claim or dispute
  • You hereby release us and our officers, directors, agents, employees, contractors and subsidiaries) from any and all claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such concern, claim or dispute
  • We may, but shall not be obliged to, investigate such concern, claim or dispute, in the exercise of our sole discretion
  • We may provide each party with the contact information of the other party, so that the two parties may resolve their dispute; and
  • We may direct you to resolve the issue with or respond to the other party directly.
7.1 Governing law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.
7.2 Dispute Resolution: Any dispute arising from this Agreement shall be resolved by mutually binding arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”).
8.1 This Agreement is between you and Hatchhit International Pte Ltd. References to “platform”, “us”, “we”, and “our” mean Hatchhit International Pte Ltd.
8.2 If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
8.3 If we don't act to enforce a breach of this Agreement, that does not mean that Hatchhit has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Hatchhit may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
8.4 We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
8.5 You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a process for complaints concerning content posted by our Users under Report.

If you want to send us notices or service of process, please contact us at:

info@hatchhit.com (online)

or mail to:

Hatchhit International Pte Ltd
66 Bridport Ave
Singapore 559356