DISCLAIMERS

The web site at www.xzoga.com (the “Site”) is operated by The Season Tackle Sdn Bhd ("XZOGA"). Your use of the Site is subject to, and conditional upon, your acceptance of these terms of use. These terms and the XZOGA Privacy Policy are collectively referred to as the “Agreement”. Your use and continued use of the Site constitutes your acceptance of the Agreement and any variation to it.

*1. Content and use of information*
XZOGA makes no warranties or representations regarding the currency, quality, accuracy or fitness for purpose of the information contained in this Site, or that the Site is free from any virus or other defect. It is your sole responsibility to make your own assessment of the Site and information contained on it.

*2. Changes to Agreement*
XZOGA may vary the Agreement at any time. The version of the Agreement on the Site at any time governs your use of the Site.

*3. Implied Terms*
3.1 To the extent permitted by law, XZOGA specifically disclaims all warranties whether express, implied, statutory or otherwise relating in any way to this Agreement.

3.2 This Agreement includes terms implied by law, which by law cannot be excluded. XZOGA's liability for any breach of such an implied term will be limited to XZOGA’s choice of either supplying the services provided to you again, or the reasonable cost of supplying those services again.

*4. Limitation of Liability*
4.1 Other than as specifically provided under clause 3.2 above, XZOGA will not be liable to you for any loss or damage (including remote, indirect, consequential, special or incidental damages) whether caused by negligence or otherwise suffered by you directly or indirectly from the operation of this Site or any services provided to you under this Agreement. This limitation includes, but is not limited to:
(a) damage directly or indirectly caused to your computer or computer files through your use of the Site; or
(b) damages resulting from loss of data, loss of profits or business interruption.

This limitation will apply even if XZOGA has been advised of the possibility of such damages.

4.2 Because of the nature of the internet and third party dependencies, XZOGA does not warrant that access to or use of the Site will be continuous or uninterrupted. You acknowledge that from time to time the Site may not be available due to upgrades or maintenance.

4.3 XZOGA reserves the right to change any aspect of this Site, including suspending or terminating this Site. XZOGA will have no liability to you if this Site is changed, suspended or terminated. You agree to waive all rights you may have against XZOGA in respect of any such action taken by XZOGA.

*5. Links to other websites*
5.1 XZOGA may provide links to other websites. In providing these links, XZOGA makes no representations whatsoever regarding those websites or the companies which operate, or feature on, them.

5.2 It is your sole responsibility to make your own assessment of the information contained on those websites. XZOGA will not be liable for any loss or damage of any kind that you may incur either directly or indirectly through using those websites or relying on information found on those websites.

*6. Use of Trade Marks and Logos*
All trade marks and logos on the Site are owned by XZOGA or XZOGA’s parent company or as otherwise indicated. None of these trade marks and logos may be used, reproduced or altered in any manner except with the prior consent of the owner of the relevant trade mark or logo.

*7. Copyright*
Each part of the Site, unless otherwise indicated, is protected by copyright. XZOGA reserves all rights. You may display, download, print and reproduce this material in unaltered form for your personal use only. You may not alter, adapt, modify, translate, create derivative works, transmit, store in electronic or other media or otherwise deal with the Site, including each part of the Site, except where expressly permitted to do so by XZOGA.

*8. Indemnity*
You indemnify and agree to keep indemnified XZOGA, its employees, representatives and agents against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered or incurred by XZOGA directly or indirectly as a result of any breach of your obligations under this Agreement and against all claims, demands, actions, proceedings, costs, expenses, liabilities (including without limitation legal costs and disbursements on a full indemnity basis) arising or connected in any way with this Agreement.

*9. System Integrity*
You agree not to interfere with the proper working of the Site or do anything that imposes an unreasonable or disproportionately large load on the Site.

*10. Your Information*
You agree not to interfere with the proper working of the Site or do anything that imposes an unreasonable or disproportionately large load on the Site.

10.1 You agree that all information you provide to, or via, the Site (“your information”)is complete, accurate and current, and that you will take all steps necessary to maintain completeness, accuracy and currency of your information.

10.2 It is a condition of this Agreement that your information:
(a) does not contain any virus, worm or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system, data or personal information;
(b) does not contravene any law, statute or regulation;
(c) is not false, misleading, defamatory or unlawfully threatening;
(d) does not infringe any third party's intellectual property rights;

10.3 XZOGA in its sole and absolute discretion, reserves the right to suspend or terminate your use of the Site if your information contravenes any of the items listed above.

*11. Privacy Policy*
XZOGA's privacy policy governs the way XZOGA may use your information. You consent to the use of your information in the manner contemplated by XZOGA's privacy policy. Please refer to XZOGA’s Privacy Policy for full details.

*12. General*
12.1 The validity, interpretation and performance of this Agreement will be governed by the law of Malaysia. that arises in connection with this Agreement.

12.2 If any provision of this Agreement is invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.

12.3 XZOGA may give notices by:
(a) posting notices on the Site; or
(b) sending notices by electronic mail (email). Notices sent by email will be sent to the latest email address of which XZOGA has received notice.
XZOGA accepts no responsibility for messages not received which are sent to the last known email address.

12.4 It is your responsibility to check the Site for notices regularly and you will be considered to have received a notice immediately it is posted on the Site or sent to your nominated email address.