Terms of Service for go.mk-way.com
Last Updated: September 9, 2025
Welcome to MK-Way!
These Terms of Service (“Terms”) govern your use of the website go.mk-way.com (the “Website”), owned and operated by Mike Kwal Digital Inc. (“MK-Way,” “we,” “our,” “us”). Our services include the sale of digital information products and the provision of professional creative services (collectively, the “Services”).
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY. THEY FORM A BINDING LEGAL AGREEMENT.
These Terms contain important provisions, including disclaimers of warranties, limitations of liability, and a waiver of class action rights. By accessing the Website, creating an account, or purchasing our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to all of these terms, you are not authorized to use this Website or our Services.
1. Website Use and Eligibility
This Website is intended for business users who are at least 18 years old or the age of legal majority in their province or territory of residence. By using our Services, you affirm that you have the legal capacity to enter into a binding contract and that you have read, understood, and agreed to these Terms.
2. Our Services
MK-Way offers two main categories of Services:
- Information Products: This includes, but is not limited to, online courses, training materials, digital downloads, and ebooks designed to provide knowledge and training.
- Creative Services: This includes professional design and marketing services, such as website design, branding, UX/UI design, and other related creative work provided on a project or retainer basis.
3. Intellectual Property Rights
- a) Our Content: All content on the Website, including text, logos, images, design elements, and our Information Products, is the exclusive property of MK-Way and is protected by Canadian and international copyright and trademark laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes, subject to your compliance with these Terms. You may not copy, reproduce, distribute, or create derivative works from our content without our express written permission.
- b) Client Content (for Creative Services): For Creative Services projects, you grant MK-Way a license to use the materials you provide (e.g., logos, text, images) solely for the purpose of performing the agreed-upon Services. You warrant that you have all necessary rights to provide this content to us.
- c) Ownership of Final Deliverables (for Creative Services): Upon our receipt of full and final payment from you for a specific Creative Services project, we will assign to you all rights, title, and interest in the final, approved deliverables created for that project. MK-Way retains ownership of all preliminary concepts, draft materials, and our underlying tools and processes. We also retain the right to display the final work in our portfolio and for marketing purposes.
4. User Accounts
To access certain Services, you may be required to create an account. You agree to provide accurate and current information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Payments, Subscriptions, and Refunds
- a) Pricing: Prices for our Services are listed on the Website and are subject to change without notice. All prices are in Canadian Dollars (CAD) unless otherwise stated.
- b) Automatic Payments for Subscriptions: If you purchase a subscription-based Service, you authorize us to charge your payment method on a recurring basis (e.g., monthly or annually) without further authorization from you, until you cancel your subscription.
- c) Cancellation: To cancel a subscription, you must notify us at least ten (10) business days before your next scheduled payment date by emailing privacy@mk-way.com. If notice is provided less than ten days in advance, your payment method may be charged for the next billing cycle.
- d) Refund Policy:
- Information Products: Due to the digital nature of our Information Products and the immediate access granted upon purchase, all sales are final. We do not offer refunds for these products once they have been accessed or downloaded.
- Creative Services: For project-based Creative Services, a non-refundable deposit is required to begin work. Subsequent payments are tied to project milestones. Payments for work already completed are non-refundable. If you cancel a project, you will not be billed for future, uncompleted work. For retainer-based services, fees are billed in advance and are non-refundable.
6. Client Responsibilities (for Creative Services)
To ensure a successful project, you agree to:
- Provide timely feedback and approvals.
- Furnish all necessary content and materials required for the project in a timely manner.
- Appoint a single point of contact authorized to make decisions on behalf of your business.
- Acknowledge that project timelines are estimates and may be affected by delays in providing feedback or content.
Work requested by you that falls outside the originally agreed-upon scope (“scope creep”) will require a separate written change order and may incur additional fees.
7. Disclaimer of Guarantees
MK-Way does not promise or guarantee any specific results from the use of our Services. Our Information Products are for educational purposes only. Your success depends on many factors, including your effort, business model, and market conditions. We do not offer a “get rich quick” program, and you should not purchase our Services with that expectation. We do not provide legal, financial, or tax advice.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MK-WAY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF OUR SERVICES IS LIMITED TO THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless MK-Way, its directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; or (iii) your violation of any law or the rights of a third party.
10. Communications
By providing us with your email address, you consent to receiving electronic communications from us related to your account and our Services. For marketing communications, we will obtain your express consent as required by Canada’s Anti-Spam Legislation (CASL). You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link in the email.
11. General Provisions
- a) Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in London, Ontario, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
- b) Class Action Waiver: You agree that any claims or disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
- c) Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and MK-Way and supersede all prior agreements or communications.
- d) Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- e) Changes to Terms: We reserve the right to modify these Terms at any time. We will post the revised Terms on the Website and update the “Last Updated” date. Your continued use of the Website after such changes constitutes your acceptance of the new Terms.
12. Contact Us
If you have any questions about these Terms of Service, please contact us at:
Email: privacy@mk-way.com