Terms of Service

Last Updated: May 15, 2023

Introduction

Welcome to WealthyIslander. These Terms of Service ("Terms") govern your use of the WealthyIslander website, including any content, functionality, and services offered on or through the website.

Please read these Terms carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the website.

Definitions

Throughout these Terms, the following definitions apply:

  • "Website" refers to WealthyIslander, accessible from wealthyislander.com
  • "Service" refers to the website and any other related services provided by WealthyIslander
  • "We," "Us," or "Our" refers to WealthyIslander
  • "You" or "Your" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service
  • "Content" refers to all information, data, text, graphics, images, videos, or other materials that are posted, generated, provided, or otherwise made available through the Service
  • "User Content" refers to Content that users provide to be made available through the Service

Acceptance of Terms

By accessing or using the Service, you confirm that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You are at least 18 years of age or have the consent of a parent or guardian
  • You have the legal capacity to enter into a binding agreement

If you do not agree with any part of these Terms, you may not use our Service.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Content and Intellectual Property

Our Content

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of WealthyIslander and its licensors. The Service is protected by copyright, trademark, and other laws of both Sri Lanka and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WealthyIslander.

User Content

By posting, uploading, or otherwise making available any Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Service to you and other users.

You represent and warrant that: (i) the User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Prohibited Activities

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
  • To impersonate or attempt to impersonate WealthyIslander, a WealthyIslander employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm WealthyIslander or users of the Service or expose them to liability

Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. WealthyIslander expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

WealthyIslander makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall WealthyIslander, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service.

To the maximum extent permitted by applicable law, WealthyIslander assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Indemnification

You agree to defend, indemnify, and hold harmless WealthyIslander, 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 or your use of the Service.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution

Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Sri Lanka Arbitration Centre. The arbitration shall be conducted in Colombo, Sri Lanka, in the English language.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +94 11 234 5678
  • By mail: 42 Independence Avenue, Colombo 07, Sri Lanka