11.1 Recordings
ItguruHub does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. You agree not to record any call with ItguruHub unless you have provided clear and conspicuous notice to ItguruHub and have received prior written consent from ItguruHub.
11.2 Your indemnification
To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless ItguruHub, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms.
11.3 Warranties; All product sold “AS-IS” or “With All Faults”
ITGURUHUB IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY ITGURUHUB ARE NOT MANUFACTURED BY ITGURUHUB. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER’S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). THESE WARRANTIES, SERVICES, AND SUPPORT POLICIES ARE PROVIDED BY THIRD-PARTY COMPANIES AND HAVE THEIR OWN SET OF TERMS AND CONDITIONS. ITGURUHUB SHALL NOT BE RESPONSIBLE FOR ANY TERM, GUARANTEE, REPRESENTATION, OR WARRANTY GIVEN BY SUCH MANUFACTURER. ITGURUHUB ASSIGNS AND PASSES THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU ACKNOWLEDGE THAT YOU SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
ITGURUHUB MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ITEMS SOLD THROUGH ITGURUHUB ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR ITGURUHUB, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
EXCEPT FOR THOSE WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS THAT MAY NOT BE LEGALLY EXCLUDED, ITGURUHUB DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, AND TERMS, AS TO ANY SUCH PRODUCT, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY NON-EXCLUDABLE RIGHT OR REMEDY YOU HAVE UNDER ANY LAW. ANY DISCLAIMER, EXCLUSION, OR LIMITATION AS PROVIDED FOR IN THESE TERMS APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY.
11.6 Liability; Exclusions
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW.
SUBJECT TO THE PRECEDING PARAGRAPH, ITGURUHUB SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY ITGURUHUB AT THE TIME OF ENTERING INTO THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN ALL CIRCUMSTANCES ITGURUHUB’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE SPECIFIC PRODUCTS TO WHICH YOUR CLAIM RELATES.
BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT:
a) You are waiving certain rights with respect to claims that are at this time unknown or unsuspected;
b) This waiver is intended to be comprehensive within the limits of applicable law;
c) You understand and accept that you may later discover claims or facts in addition to or different from those which you now know or believe to exist;
d) You expressly agree that you fully, finally, and forever settle and release any and all claims against ITGuruHub, whether known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist or heretofore have existed, subject to mandatory provisions of applicable law;
e) The purchase price limitation on liability reflects the allocation of risk between the parties and will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ITGURUHUB’S LIABILITY FOR:
a) Death or personal injury caused by negligence;
b) Fraud or fraudulent misrepresentation;
c) Any liability that cannot be excluded or limited by applicable law.
11.7 Governing Law, Jurisdiction, and Legal Terms
11.7.1 General Provisions
This Agreement is primarily governed by and construed in accordance with the laws of Hong Kong SAR. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply. Local mandatory laws in customer’s jurisdiction may apply where required by law.
11.7.2 Company Status and Scope
ITGuruHub operates as an authorized distributor. All products are manufactured by third-party brands. Company responsibilities limited to:
- Product authenticity verification
- Proper storage and handling
- Accurate manufacturer information delivery
- Warranty claim assistance
11.7.3 Jurisdiction and Dispute Resolution
11.7.3.1 Primary Jurisdiction
- Courts of Hong Kong SAR
- Hong Kong International Arbitration Centre (HKIAC)
11.7.3.2 Local Proceedings
Local court proceedings where mandatory by law, applicable to:
- Consumer protection cases
- Product liability claims
- Emergency relief matters
- Public safety issues
11.7.4 Liability and Responsibility
11.7.4.1 ITGuruHub’s Role and Liability
Acts solely as authorized distributor and reseller. Limited to:
- Product authenticity verification
- Proper storage/handling
- Accurate information delivery
- Order fulfillment
Maximum liability limited to purchase price
11.7.4.2 Manufacturer Related Matters
Product warranty and quality claims subject to each manufacturer’s own terms. Each manufacturer maintains independent warranty and service policies. ITGuruHub will:
- Provide manufacturer contact information
- Assist in claim submission process
- Forward relevant documentation
- Facilitate communication
Specific manufacturer warranties and policies available upon request.
11.7.4.3 Excluded Damages
- Indirect or consequential losses
- Lost profits or revenue
- Business interruption
- Third-party claims
11.7.5 Force Majeure
11.7.5.1 Qualifying Events
- Natural disasters and extreme weather events
- Epidemics, pandemics, public health emergencies
- War, terrorism, civil unrest
- Government actions or regulations
- Strikes and labor disputes
- Severe transportation or logistics disruptions
- Manufacturing facility incidents
- Critical supply chain disruptions
- Cyber attacks affecting operations
- Power or telecommunications failures
11.7.5.2 Effect and Obligations
- Temporary suspension of affected obligations
- Duty to notify other party within 5 business days
- Obligation to minimize impact and seek alternatives
- Regular updates on situation and resolution progress
- Right to terminate if force majeure exceeds 60 days
11.7.6 Product Claims and Warranty
11.7.6.1 Warranty Terms
- Manufacturer warranty applies
- ITGuruHub will assist in processing
- Original manufacturer responsible for fulfillment
11.7.6.2 Claims Process
- Initial assessment by ITGuruHub
- Forwarding to manufacturer
- Documentation assistance
- Communication facilitation
11.7.7 Severability and Compliance
- Invalid provisions shall be modified minimally
- Remaining provisions stay in effect
- Local consumer rights preserved
- Mandatory local laws respected
11.7.8 Documentation and Records
- Written communications required
- Records maintained for 7 years
- English as primary language
- Proof of delivery for notices
11.8 Waiver
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
11.9 Severability
The failure of either party to require performance by the other party of any provision of these Terms shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
11.10 Third Party Rights
These Terms are between you and us. No other person shall have any rights to enforce any of its terms with the exception of manufacturers referred to in the Terms – such manufacturers will only have right to enforce any terms against you (and not against ItguruHub), including any limitation or exclusion of liability in favor of ItguruHub under these Terms.
Notwithstanding the preceding paragraph of this section 13.10, neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
11.11 Entire Agreement
These Terms, together with ItguruHub’s invoice regarding the products and/or services ordered by you, constitute the entire agreement between ItguruHub and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between ItguruHub and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
11.12 Children
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under the age of majority pursuant to applicable law, you may only use ItguruHub with the involvement of a parent or guardian. If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you and, if different, the recipient of the product, are of the required age necessary to buy that product.
