Terms of Use

Contents

1. About these terms
2. Using the website
3. Information, not advice
4. Engagements with Madjoy
5. Enquiries and confidential information
6. Intellectual property
7. Clients, brands and references
8. Third-party links and services
9. Availability and disclaimers
10. Limitation of liability
11. Privacy
12. Governing law and disputes
13. General
14. Contact

1. About these terms

This website is operated by Marc Kakhia and Andrea Estupiñán, independent professionals (personas naturales) based in Bogotá D.C., Colombia, who provide consulting services together under the trade name Madjoy (“Madjoy”, “we”, “us”).

These Terms of Use govern your access to and use of this website. By using the website, you accept them. If you do not agree, please do not use the website.

2. Using the website

You may use this website for lawful purposes. You agree not to:

• use it in a way that breaks any applicable law or regulation;
• attempt to gain unauthorized access to the website, its servers or related systems, or interfere with its security or operation;
• introduce malware or other harmful code;
• copy or scrape its content systematically, including for training automated or artificial intelligence systems, without our written permission;
• impersonate Madjoy, Marc Kakhia or Andrea Estupiñán, or suggest an affiliation with us that does not exist.

3. Information, not advice

The content on this website, including service descriptions, articles in our Journal and examples of our work, is general information about Madjoy and our areas of expertise. It is not professional advice for your specific situation and should not be relied on as such. Advice is given only within an engagement, based on an understanding of your business.

Results in marketing, search, sales and customer experience depend on many factors outside our control. Descriptions of past work do not guarantee similar outcomes, and we do not promise specific rankings, traffic, sales or other results.

4. Engagements with Madjoy

Using this website or contacting us does not create a client relationship. A relationship begins only when both parties accept a written proposal, quotation or agreement. Each proposal states whether the engagement is with Marc Kakhia, Andrea Estupiñán, or both.

Each engagement is governed by its own proposal or agreement, which sets out the scope, deliverables, fees, payment terms, timelines, confidentiality and ownership of work. If anything in those documents conflicts with these Terms of Use, the signed engagement documents prevail. Proposals and quotations are valid for the period stated in them.

Our services are offered to businesses and professionals. Nothing in these terms limits any right you have as a consumer under Colombian consumer protection law (Law 1480 of 2011) that cannot be waived.

5. Enquiries and confidential information

The contact form opens your own email application with a message addressed to us; it does not store information on this website. You may also reach us by email or WhatsApp.

We treat enquiries with discretion. However, please do not send confidential or commercially sensitive information before an engagement or a non-disclosure agreement is in place. We are happy to sign a mutual non-disclosure agreement before detailed discussions.

6. Intellectual property

The website and its content, including text, design, graphics, logos, the Madjoy name and brand, and the arrangement of these elements, belong to Madjoy or its licensors and are protected by Colombian and international intellectual property law.

You may view the website and share links to it, and you may print or save pages for your own reference. Any other reproduction, adaptation, distribution or commercial use requires our prior written permission. Ownership of work created during an engagement is governed by the engagement documents.

7. Clients, brands and references

Names and trademarks of clients, organizations and brands mentioned on this website belong to their respective owners and are used only to describe our work and experience.

Some organizations are mentioned because Marc Kakhia or Andrea Estupiñán worked with them in previous employment. These references describe professional background. They are labelled as such and do not imply that those organizations are Madjoy clients, or that they endorse Madjoy. We refer to Madjoy clients only with their agreement.

8. Third-party links and services

The website links to services run by others, such as WhatsApp and email providers, and loads fonts from Google. We do not control those services and are not responsible for their content, availability or privacy practices. Your use of them is governed by their own terms.

9. Availability and disclaimers

We aim to keep the website accurate, current and available, but we provide it “as is” and “as available”. We may update, suspend or withdraw any part of it without notice, and we do not guarantee that it will always be available, error-free or free of harmful components. Content may not reflect the latest developments and may be updated at any time.

10. Limitation of liability

To the extent permitted by law, Madjoy is not liable for any loss or damage arising from the use of, or inability to use, this website or its content, including indirect or consequential loss, loss of profit, revenue, data or business opportunity.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Colombian law, including liability for fraud (dolo) or gross negligence (culpa grave). Liability arising from an engagement is governed by the engagement documents.

11. Privacy

Our Privacy Policy explains how we collect and use personal data, and how to exercise your rights. It forms part of these terms.

12. Governing law and disputes

These terms are governed by the laws of the Republic of Colombia. We will always try to resolve any concern directly and in good faith first; please contact us before taking other steps. If a dispute cannot be resolved that way, it will be submitted to the competent courts of Bogotá D.C., Colombia, unless mandatory law gives you the right to bring it elsewhere. Disputes about an engagement are resolved as set out in its engagement documents.

13. General

• Changes. We may update these terms. The current version and its effective date are always shown at the top of this page, and changes apply from that date.
• Severability. If any provision is found invalid or unenforceable, the remaining provisions stay in effect.
• No waiver. If we do not enforce a provision, that does not waive our right to enforce it later.
• Language. These terms are available in Spanish and English. If the two versions differ, the Spanish version prevails. For matters relating to an engagement, the language of its signed documents prevails.

14. Contact