Terms of Service
Effective: 2026-07-19
1. Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of the website at https://www.makenahealthandwellness.ca/ and any related services, products, and applications operated by Makena Health & Wellness, Inc. ("we", "our", or "us"). The services consist of professional services delivered on an engagement basis, including consulting, advisory, legal, accounting, or similar work.
By accessing or using our website or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use our website or services.
2. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. By using our services, you represent and warrant that you meet these requirements.
If you use our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. License to use our services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and services for their intended purposes.
This license does not permit you to:
Resell, redistribute, sublicense, lease, or commercially exploit our services or their content without our prior written consent
Reverse engineer, decompile, scrape, or attempt to extract source code or underlying ideas, except as permitted by applicable law
Use automated means (bots, scrapers, crawlers) to access our services in a manner that exceeds reasonable human use
Use our services to violate any law, infringe any right, or harm any person or entity
4. Prohibited uses
You agree not to use our services to:
Engage in illegal, fraudulent, deceptive, or harmful activity
Upload or transmit malicious code, viruses, or other harmful software
Harass, threaten, defame, or harm other users or third parties
Infringe any intellectual property, privacy, publicity, or other right
Attempt to gain unauthorized access to our systems, other accounts, or related networks
Interfere with or disrupt the integrity or performance of our services
Collect or harvest information about other users without their consent
Violation may result in immediate suspension or termination and may be reported to law enforcement.
5. Engagements, fees, confidentiality, and conflicts
Scope of engagement. Specific services, deliverables, fees, and timelines are governed by a signed engagement letter, statement of work, or other written agreement between you and us. These website terms do not themselves create an attorney-client, accountant-client, or other professional relationship. No such relationship is formed by your use of this website, transmission of information via contact forms, or initial conversations.
Fees and billing. Fee structure (hourly, flat fee, retainer, contingency) is set in the engagement agreement. Invoices are due within the period stated on each invoice. Late payments may accrue interest at the rate permitted by law in your jurisdiction. We may suspend or terminate services for unpaid invoices, subject to professional rules.
Confidentiality. Information you share in the course of an engagement is treated as confidential and used solely to provide services, except where disclosure is required by law, court order, or professional rules (e.g., to prevent imminent harm, comply with anti-money-laundering obligations, or respond to regulatory inquiries).
Conflicts of interest. Before commencing work we will conduct a reasonable conflicts check. If a conflict is later discovered, we will follow applicable professional rules, which may include withdrawal from the engagement.
No guarantee of outcome. Professional services involve judgment under uncertainty. Past results do not guarantee future outcomes. We do not warrant any particular result of any engagement.
Reliance by third parties. Deliverables prepared for you are for your sole benefit. Third parties may not rely on our work product without our prior written consent.
6. Intellectual property
Our website and services, including all text, graphics, logos, software, design, and other content (other than User Content), are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you no rights to our intellectual property except the limited license to use the services as described in these Terms.
Trademark. "Makena Health & Wellness, Inc." and our logos are our trademarks. You may not use them without our prior written consent.
Feedback. If you send us suggestions, ideas, or feedback, you grant us a non-exclusive, perpetual, royalty-free license to use them without obligation or attribution.
7. Third-party services and links
Our services may integrate with or link to third-party services (payment processors, analytics, social media, partner sites). We do not control and are not responsible for third-party services. Your use of third-party services is governed by their terms and privacy policies.
8. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
We do not warrant that information on our website is accurate, complete, or current. We may correct or change content at any time without notice.
Industry-specific note: Lawyers, accountants, and other regulated professionals are bound by jurisdiction-specific rules of professional conduct (e.g., ABA Model Rules, AICPA Code, SRA Code of Conduct, ICAEW rules). Those rules govern the engagement and override any inconsistent terms. State bar advertising rules may also require specific disclaimers on attorney websites.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Makena Health & Wellness, Inc. and our officers, directors, employees, contractors, and agents from any claim, loss, liability, demand, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to (a) your use of our services, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit to or transmit through our services.
11. Termination
We may suspend or terminate your access to all or any part of our services at any time, with or without cause, with or without notice. You may stop using our services at any time.
Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
12. Governing law and dispute resolution
These Terms are governed by the laws of Canada, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any dispute arising under these Terms will be the courts located in Canada, and you consent to personal jurisdiction in those courts.
We encourage you to contact us first at Hello@MakenaHealthAndWellness.CA to resolve any concern informally before initiating legal action.
13. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Effective" date at the top. Material changes will be communicated where reasonable (e.g., a notice on our website, email if you have an account). Your continued use of our services after a change indicates your acceptance of the updated Terms.
14. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding our services and supersede any prior agreement.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any right or provision will not be deemed a waiver.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely.
15. Contact us
Questions about these Terms? Reach us at: