Terms & Conditions

Effective Date: 1st April, 2026

1. Introduction and Applicability

These Terms and Conditions (“Terms”) constitute a legally binding agreement between MfunL (hereinafter referred to as “MfunL,” “we,” “us,” “our,” or “the Company”), a healthcare digital marketing agency having its principal place of business at P-534, Raja Basanta Roy Road, 3rd Floor, Near Southern Avenue, Lake Kali Bari, Kolkata – 700029, West Bengal, India, and any individual, doctor, surgeon, clinic, hospital, nursing home, diagnostic centre, organisation, or other entity (hereinafter referred to as “Client,” “you,” or “your”) that accesses our website at www.mfunl.com or engages us for any of our services.

By accessing our website, submitting an enquiry, or entering into a service engagement with MfunL, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use our website or services.

These Terms govern the relationship between MfunL and its clients generally. The specific scope, deliverables, timelines, and fees for each engagement are set out in the applicable proposal or service agreement, which is to be read together with these Terms. In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail to the extent of the conflict.

These Terms are to be read in conjunction with our Privacy Policy, which forms an integral part of this agreement by reference.

2. About MfunL

MfunL is a healthcare-focused digital marketing agency providing specialised services to the healthcare sector across India, including in Kolkata, Hyderabad, Bhubaneswar, Ahmedabad, Noida, and Guwahati. We work with individual doctors and surgeons, single-speciality and multi-speciality clinics, hospitals, nursing homes, and diagnostic centres.

Our services are designed specifically for the healthcare industry and are aimed at improving online visibility, generating qualified patient enquiries, building digital credibility, and converting those enquiries into confirmed patient appointments.

3. Acceptance of Terms and Eligibility

By using our website or engaging our services, you represent and warrant that:

• You are at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872.
• If you are entering into this agreement on behalf of a legal entity (a clinic, hospital, company, or other organisation), you have the full legal authority to bind that entity to these Terms.
• All information you provide to us is accurate, complete, current, and not misleading.
• You hold all required medical registrations, licences, clinical establishment permissions, and other regulatory authorisations necessary to operate and advertise the healthcare services you are promoting.
• You will use our services strictly in compliance with all applicable laws, professional regulations, and advertising guidelines, including those issued by the National Medical Commission (NMC), the Indian Medical Association (IMA), and any other relevant regulatory body.

4. Scope of Services

MfunL will provide services as specifically described and mutually agreed upon in the applicable proposal, service agreement, or statement of work. The scope, deliverables, timelines, reporting mechanisms, and fees for each engagement will be documented in that agreement.

Our services broadly include the following, though the exact scope for each client will be individually defined and documented:

Healthcare Website Design and Development: Design and development of responsive, mobile-friendly, SEO-optimised websites tailored for healthcare providers, with appointment booking functionality, lead capture forms, and patient-friendly navigation.

Healthcare SEO (Search Engine Optimisation): Keyword research, on-page optimisation, off-page link building, Google Business Profile management, local SEO, technical SEO audits, and ongoing ranking improvement strategies.

Healthcare Google Ads (PPC): Campaign strategy, ad copy creation, keyword bidding, audience targeting, campaign setup, ongoing management and optimisation, and performance reporting on Google Search, Display, and YouTube networks.

Healthcare Meta Ads: Campaign strategy, creative development, audience targeting, A/B testing, campaign setup and management, and performance reporting on Facebook and Instagram.

Healthcare Social Media Marketing: Content calendar planning, content creation (posts, carousels, reels, stories), scheduling, platform management, and community engagement across relevant social media platforms.

Medical Content Creation: SEO-optimised blog articles, website copy, video scripts, educational content, infographics, and other written and visual content tailored to healthcare audiences and compliant with medical advertising guidelines.

Online Reputation Management (ORM): Monitoring and managing online reviews, generating patient reviews through ethical and compliant processes, responding to feedback, and building the client’s online credibility.

Patient Conversion Management: Lead tracking setup, CRM configuration, follow-up process design, IVR or call management guidance, team training on patient communication, and reporting on lead-to-appointment conversion rates.

MfunL reserves the right to make reasonable adjustments to the manner, tools, or platforms used to deliver services, provided such adjustments do not materially reduce the agreed scope or quality of deliverables. Any material change in scope will be discussed and agreed with the client in writing.

5. Payment Terms
6. a) Fee Structure

All fees are as agreed in the applicable proposal or service agreement. General payment structures are as follows:

• Website design and development: 50% advance on project confirmation; balance payable prior to website launch or as per milestones set out in the project plan.
• Monthly digital marketing retainers (SEO, social media, ORM, content): Full monthly fee payable in advance at the beginning of each month of service.
• Google Ads and Meta Ads management: Agency management fees payable monthly in advance. Advertising budgets (amounts spent directly on the ad platforms) are to be funded separately by the client directly into their Google Ads or Meta Ads account, unless otherwise agreed in writing.
• One-time projects: As per the terms set out in the individual proposal.

1. b) Invoicing

MfunL will raise invoices as per the agreed schedule. Invoices will specify the payment amount, due date, and bank account details for transfer. Clients are responsible for making timely payments to the correct account.

1. c) Late Payment

If payment is not received by the due date, MfunL reserves the right to suspend all active services without notice and without liability for any resulting impact on campaign performance, lead generation, or deliverable timelines. Interest on overdue amounts may be charged at the rate of 18% per annum (1.5% per month) from the due date until the date of actual payment, unless a different rate is agreed in writing.

1. d) Disputed Invoices

If the client genuinely disputes an invoice, they must raise the dispute in writing within 7 days of receiving it, specifying the amount in dispute and the reason. Undisputed portions of an invoice must be paid by the due date even if a dispute is raised on a portion.

1. e) Refund Policy

Advance payments made for retainer-based services are non-refundable for the month or period already commenced. For project-based work, where the client terminates the engagement before completion, any refund of advance amounts shall be calculated based on the fair value of work completed up to the date of termination, as determined by MfunL acting reasonably. MfunL does not offer refunds on the grounds of dissatisfaction with campaign results, search rankings, or lead volume, as these are subject to market conditions, platform algorithms, and factors beyond MfunL’s control.

1. f) Taxes

All fees quoted are exclusive of applicable taxes. GST and any other applicable taxes will be charged additionally at the prevailing rate and shall be borne by the client. MfunL will issue proper GST invoices for all services rendered.

6. Client Responsibilities

The Client acknowledges and agrees that the success of digital marketing services depends materially on the Client’s timely cooperation, provision of accurate information, and fulfilment of their own obligations. The Client specifically agrees to:

• Provide MfunL with accurate, complete, and up-to-date information about their practice, services, specialisations, target patient demographics, geographic coverage area, and marketing objectives.
• Review and approve content, ad creatives, website designs, landing pages, and campaign briefs within the turnaround times specified by MfunL. Where the client fails to approve or respond within the specified time, MfunL may proceed with the approved version or pause the deliverable pending client input, and any resulting delay will not be attributable to MfunL.
• Ensure that all medical information, treatment claims, qualification details, and service descriptions provided to MfunL or approved by the Client for publication are accurate, truthful, currently valid, and compliant with applicable law, NMC guidelines on medical advertising, and the advertising policies of Google and Meta.
• Not instruct, request, or approve the creation or publication of any content that constitutes misleading advertising, unsubstantiated medical claims, comparative advertising against named competitors (unless permissible), or any guarantee of treatment outcomes.
• Promptly respond to patient enquiries and leads generated through MfunL’s campaigns. MfunL’s responsibility is limited to generating and delivering leads; the conversion of those leads into appointments is the Client’s responsibility and depends on the Client’s own team, processes, and responsiveness.
• Inform MfunL promptly and in writing of any changes to their services, credentials, medical registration status, regulatory status, specialisations, fees, or any developments that may affect the content or running of marketing campaigns.
• Ensure that their own staff, receptionists, and patient management teams are adequately trained and equipped to handle the enquiries generated by MfunL’s campaigns.
• Maintain strict confidentiality of any login credentials, platform access details, campaign strategies, and proprietary information shared by MfunL in the course of service delivery.
• Comply with the terms of service and advertising policies of all third-party platforms (Google, Meta, WhatsApp Business, etc.) in connection with their accounts managed by MfunL.

7. Intellectual Property
8. a) Ownership of Deliverables

Unless otherwise expressly agreed in the applicable service agreement, all creative work, written content, ad copy, graphic designs, website code, landing pages, campaign assets, and other deliverables specifically produced by MfunL for a Client shall, upon receipt of full and final payment of all outstanding fees in respect of those deliverables, become the property of the Client. Upon such payment, the Client shall have an unconditional right to use, modify, reproduce, and publish those deliverables for their own business purposes.

Until full payment is received, all such deliverables remain the intellectual property of MfunL. The Client shall have no right to use, publish, or share any deliverable for which full payment has not been made.

1. b) MfunL’s Pre-Existing and Proprietary Materials

MfunL retains all ownership rights in its pre-existing intellectual property, including but not limited to its proprietary frameworks, methodologies (including the MfunL Patient Growth System), standard templates, internal tools, software, dashboards, training materials, and know-how. The Client does not acquire any rights in these pre-existing materials, even where they are used in the delivery of services.

1. c) Third-Party Licensed Content

Where deliverables incorporate third-party licensed content (such as stock photographs, icon libraries, licensed fonts, or music), the Client’s right to use such content is subject to the terms of the applicable third-party licence. MfunL will clearly communicate any such limitations at the time of delivery. The Client must not use licensed content in a manner that exceeds the scope of the applicable licence.

1. d) Portfolio and Case Study Rights

MfunL reserves the right to feature the Client’s name, logo, industry, and general campaign outcomes (without disclosing confidential figures or strategies) in its portfolio, website, proposals, award submissions, and case studies. If the Client does not wish to be featured, they must notify MfunL in writing within 30 days of the commencement of services. Absent such notice, MfunL’s portfolio and case study rights are deemed accepted.

1. e) Trademark and Brand Usage

Each party may use the other’s name and logo solely for the purposes contemplated by the service engagement (for example, MfunL may credit the Client’s brand in campaign reporting; the Client may state that their digital marketing is managed by MfunL). Neither party may use the other’s trademark, brand, or reputation in any manner that could cause confusion or reputational harm.

8. Digital Account Ownership and Handover

This clause governs the ownership and management of digital accounts and social media properties in the context of the service engagement.

1. a) Ad Accounts

Google Ads and Meta Ads accounts may be set up under the Client’s own Business Manager or Google account, or under MfunL’s agency account, as agreed at the time of onboarding. Where accounts are created under MfunL’s agency infrastructure, MfunL will, upon termination of the engagement and receipt of all outstanding payments, facilitate the transfer or migration of the Client’s ad account data, campaign history, and audience lists to the Client’s own account to the extent technically permitted by the relevant platform.

1. b) Social Media Accounts and Pages

Social media pages and profiles created for the Client (Facebook Page, Instagram account, LinkedIn Company Page, YouTube Channel, etc.) are the property of the Client and will always be set up in the Client’s name and under the Client’s administrative control. MfunL accesses these accounts as an authorised manager or partner, not as the owner. Upon termination of the engagement, MfunL will remove its own access from all such accounts within 7 working days of the termination date.

1. c) Website and Domain

Where MfunL designs and develops a website for the Client, the domain name shall be registered in the Client’s name and remain the Client’s property at all times. Upon receipt of all outstanding payments, MfunL will transfer all website files, databases, login credentials, and hosting account access to the Client. MfunL will provide reasonable transition assistance for a period of 14 days following the handover.

1. d) Google Business Profile

Where MfunL manages the Client’s Google Business Profile, ownership and primary access shall remain with the Client at all times. MfunL will access it as a manager. Upon termination, MfunL will remove its manager access within 7 working days.

1. e) Data Portability on Exit

Upon termination of the engagement, MfunL will provide the Client with their campaign data, performance reports, lead records, and any other Client-specific data held by MfunL, in a standard exportable format, within 30 days of the termination date and upon receipt of all outstanding payments.

10. Lead Generation — Disclaimer and Realistic Expectations

The Client acknowledges and agrees to the following:

• Digital marketing campaigns are subject to numerous external variables including market competition, geographic demand, advertising platform algorithms, competitor activity, the client’s own pricing and reputation, and seasonal trends. Results are inherently variable and cannot be pre-determined.
• MfunL does not guarantee any fixed or minimum number of leads, patient enquiries, appointments, revenue, or return on investment from any campaign.
• Any projections, estimates, or indicative numbers provided in proposals, presentations, or conversations are based on historical data, industry benchmarks, or MfunL’s professional judgment and are provided for planning purposes only. They do not constitute contractual commitments or guarantees.
• MfunL will use its best professional efforts, industry knowledge, and platform expertise to optimise campaign performance, but cannot and does not guarantee outcomes.
• The conversion of patient enquiries or leads into actual confirmed appointments depends entirely on the Client’s own responsiveness, communication skills, patient management systems, and overall service quality. MfunL’s responsibility ends upon the delivery of the lead to the Client.
• Declining lead volumes, reduced ad reach, or changes in campaign performance resulting from platform algorithm changes, policy updates, increased market competition, or the Client’s failure to approve content on time do not constitute a breach of MfunL’s obligations.

11. Third-Party Platforms and Advertising Policy Compliance

MfunL’s services involve the use of third-party platforms and tools. The following terms apply in relation to those platforms:

• MfunL is not an employee, agent, or authorised representative of Google LLC, Meta Platforms Inc., or any other third-party platform. MfunL operates as an independent agency that uses these platforms to deliver services.
• MfunL is not responsible for policy changes, feature modifications, billing adjustments, account suspensions, or technical outages caused by third-party platforms, including where such events affect campaign performance, ad delivery, or website traffic.
• Where an ad account is suspended by Google or Meta due to a violation of platform policies — including the publication of prohibited healthcare content or misleading medical claims approved by the Client — the responsibility for such suspension rests with the Client. MfunL will assist the Client in appealing the suspension where possible but is not liable for any resulting loss.
• Advertising budgets deposited directly by the Client into Google Ads or Meta accounts are governed by those platforms’ own billing and refund policies. MfunL has no control over and accepts no liability for such amounts.
• Google’s healthcare and pharmaceutical advertising policies may require pre-certification for certain categories of healthcare advertising. MfunL will advise clients on such requirements but the Client is responsible for ensuring their own eligibility for the relevant ad categories.
• Meta’s healthcare advertising policies restrict certain targeting practices, including the use of health-related custom audiences. MfunL will manage campaigns in compliance with these restrictions.

12. Medical Advertising Compliance and Regulatory Obligations

MfunL is committed to ethical, transparent, and legally compliant healthcare marketing. The following obligations apply to all campaigns and content:

• MfunL will not knowingly create or publish any content that violates the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the NMC (National Medical Commission) guidelines and regulations on medical advertising, or the advertising policies of Google and Meta as applicable to healthcare.
• Prohibited content includes (but is not limited to): claims that a product or treatment can cure or permanently treat a chronic or serious disease; before-and-after treatment images used in misleading contexts; testimonials that make specific outcome claims; guarantees of results; and comparative claims that disparage named competitors.
• The Client bears sole and complete responsibility for ensuring that all medical services, treatment claims, credentials, qualifications, registration details, and service descriptions approved for publication are accurate, currently valid, and lawfully permissible to advertise.
• The Client warrants that they hold all required registrations with the relevant state medical council or national council, and all required licences to operate the clinical establishment being promoted.
• MfunL reserves the right, in its absolute discretion, to refuse to create, publish, or continue publishing any content that it reasonably considers to be misleading, unethical, likely to violate applicable law, or inconsistent with responsible healthcare marketing. Such refusal does not constitute a breach of MfunL’s obligations under the service agreement.
• Where MfunL identifies a compliance risk in content provided or approved by the Client, it will flag this in writing. If the Client overrides MfunL’s advice and insists on publishing the content, the Client assumes full and exclusive responsibility for any legal, regulatory, or reputational consequences.

13. Confidentiality

Both MfunL and the Client acknowledge that in the course of the service engagement, each party may have access to the other’s confidential information. “Confidential Information” means any information that is not publicly available and that a reasonable person would understand to be confidential, including but not limited to: business strategies and plans, pricing and fee structures, client lists and patient data, campaign strategies and performance data, financial information, trade secrets, technology, and any information specifically designated as confidential.

Both parties agree to:

• Hold the other’s Confidential Information in strict confidence
• Use Confidential Information only for the purposes of the service engagement
• Not disclose Confidential Information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or professional advisors who are bound by equivalent confidentiality obligations and who need access for the purposes of the engagement
• Take all reasonable measures to protect the other’s Confidential Information from unauthorised access, disclosure, or use

This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law or a competent authority.

This obligation survives the termination of the engagement for a period of 3 years.

14. Term and Termination
15. a) Commencement

These Terms take effect from the date the Client accepts them (whether expressly or by commencing use of services) and continue for the duration of the service engagement as described in the applicable proposal or service agreement.

1. b) Termination by Either Party

Either party may terminate the service engagement by giving written notice as specified in the applicable service agreement. Where no notice period is specified in the service agreement, a minimum of 30 days’ prior written notice is required. Notice must be given in writing by email to the respective party’s designated contact.

1. c) Termination for Cause by MfunL

MfunL may terminate the engagement with immediate effect, without notice, and without liability, in any of the following circumstances:

• Non-payment of fees for a period exceeding 15 days beyond the due date
• Material breach of these Terms by the Client that remains unremedied for 15 days after written notice requiring remedy
• The Client’s instruction or approval to create or publish content that is misleading, illegal, or in violation of applicable regulatory or platform guidelines, and the Client’s refusal to withdraw such instruction within x hours of MfunL’s written objection
• The Client’s engagement in fraudulent, unethical, or unlawful business practices
• The Client providing false or materially misleading information about their credentials, registration status, or services
• Any action by the Client that, in MfunL’s reasonable opinion, exposes MfunL to legal liability, regulatory action, or material reputational harm

1. d) Effect of Termination

Upon termination for any reason:

• The Client shall pay all outstanding amounts due to MfunL for services rendered up to the date of termination
• MfunL will, upon receipt of all outstanding payments, provide the Client with a handover package including completed deliverables, access credentials, campaign data, and performance reports as described in Section 8
• MfunL will remove its access from the Client’s digital accounts within 7 working days of the termination date and receipt of all outstanding payments
• Each party shall promptly return or irreversibly destroy the other party’s Confidential Information as requested
• Any licences granted under these Terms will terminate, and the Client may not continue to use MfunL’s proprietary materials or unpaid deliverables after termination

15. Force Majeure

Neither party shall be in breach of these Terms or liable for any delay or failure to perform their obligations where such delay or failure is caused by circumstances entirely beyond their reasonable control, including but not limited to acts of God, natural disasters, floods, earthquakes, epidemics or pandemics, war, armed conflict, civil unrest, acts of terrorism, strikes or industrial action (other than by the affected party’s own employees), government sanctions or orders, widespread telecommunications or internet outages, major changes in platform policies or algorithms (including Google or Meta), or any other force majeure event.

The party affected must notify the other in writing as soon as practicable after the force majeure event occurs, describing the event and its likely duration. The affected party must take all reasonable steps to mitigate the impact of the event and resume performance as soon as the event has passed.

If a force majeure event continues for more than 60 consecutive days, either party may terminate the engagement by giving 14 days’ written notice, without liability to the other party (subject to payment for work performed up to the date of termination).

16. Indemnification
17. a) Indemnification by Client

The Client shall indemnify, defend, and hold harmless MfunL, its directors, officers, employees, contractors, and agents from and against all claims, proceedings, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Any false, misleading, inaccurate, or unlawful content provided by or approved by the Client for use in marketing materials or campaigns
• Any violation by the Client of applicable law, NMC regulations, medical council rules, clinical establishment laws, or platform advertising policies
• Any infringement of a third party’s intellectual property rights arising from content or materials supplied by the Client
• Any regulatory investigation, notice, or enforcement action directed at MfunL arising from the nature of the Client’s services, qualifications, or business practices
• Any claim, complaint, or proceedings brought by a patient or third party arising from the Client’s medical services, treatment outcomes, clinical decisions, or patient communications
• The Client’s failure to obtain required regulatory approvals, certifications, or permissions for the services being advertised

1. b) Indemnification by MfunL

MfunL shall indemnify the Client against direct losses and liabilities arising from MfunL’s own gross negligence or wilful misconduct in the direct performance of its services. MfunL’s indemnification obligation is subject to the limitation of liability set out in Section 17.

17. Limitation of Liability

To the fullest extent permitted by applicable Indian law:

• MfunL’s total aggregate liability to the Client under or arising in connection with these Terms or any service engagement — whether in contract, tort, or otherwise — shall not exceed the total fees actually paid by the Client to MfunL in the three-month period immediately preceding the event giving rise to the claim.
• MfunL shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of revenue, loss of anticipated savings, loss of business, loss of goodwill, or loss of data, even if MfunL has been advised of the possibility of such losses.
• MfunL shall not be liable for loss of search engine rankings, reduction in organic or paid traffic, reduction in lead volume, or any other performance metric resulting from changes in search engine algorithms, advertising platform policies, increased market competition, or any other factor outside MfunL’s direct control.
• MfunL shall not be liable for the conduct or output of third-party platforms (Google, Meta, etc.), including account suspensions, policy enforcement actions, billing discrepancies, or technical failures on those platforms.

Nothing in these Terms shall limit or exclude liability for: death or personal injury caused by MfunL’s gross negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded under applicable Indian law.

18. Dispute Resolution
19. a) Internal Escalation

Before invoking any formal dispute resolution mechanism, the party with a grievance should raise it with MfunL’s CEO directly at info@mfunl.com. Both parties agree to attempt to resolve any dispute informally within 15 days of the grievance being raised.

1. b) Formal Negotiation

If the dispute is not resolved through informal escalation, either party may issue a formal written notice of dispute. The parties agree to negotiate in good faith to resolve the matter within 30 days of the formal notice.

1. c) Mediation

If the dispute remains unresolved after 30 days of formal negotiation, either party may refer the matter to a mediator. The mediator shall be mutually agreed upon, or, failing agreement, appointed by the Kolkata Centre of the Indian Council of Arbitration or such other mediation institution as the parties may agree. Mediation costs shall be shared equally.

1. d) Arbitration

If mediation fails to resolve the dispute within 30 days of commencement of the mediation process, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement between the parties. If the parties fail to agree on an arbitrator within 15 days, the arbitrator shall be appointed in accordance with the provisions of the Act. The seat and venue of arbitration shall be Kolkata, West Bengal, India. The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding on both parties and shall be enforceable in accordance with applicable law.

1. e) Interim Relief

Nothing in this Section prevents either party from applying to a competent court for urgent interim or injunctive relief to prevent irreparable harm, while the dispute resolution process is ongoing.

19. Governing Law and Jurisdiction

These Terms and all service engagements entered into under them shall be governed by, construed, and enforced in accordance with the laws of the Republic of India. Subject to the arbitration provisions in Section 18, the courts at Kolkata, West Bengal, India shall have exclusive jurisdiction to entertain any legal proceedings arising out of or in connection with these Terms.

20. Website Usage Terms

By accessing www.mfunl.com, you agree that you will not:

• Attempt to gain unauthorised access to any portion of the website, MfunL’s servers, databases, or any system or network connected to the website
• Use the website to upload, transmit, or distribute malware, viruses, spam, or any harmful or malicious code
• Scrape, crawl, frame, or systematically extract content, data, or intellectual property from the website without MfunL’s prior written consent
• Use the website for any unlawful, defamatory, harassing, threatening, obscene, or fraudulent purpose
• Impersonate MfunL, its employees, or any other person or entity through the website
• Attempt to reverse-engineer, decompile, disassemble, or tamper with the website’s underlying code or functionality
• Use automated tools (bots, scrapers, crawlers) to interact with the website in a manner that places an unreasonable load on MfunL’s infrastructure

MfunL reserves the right to suspend, block, or terminate access to the website for any user who violates these conditions, without notice and without liability.

21. Notices

All formal notices, approvals, requests, and communications under these Terms must be in writing and delivered:

• By email to info@mfunl.com (for notices to MfunL) or to the email address provided by the Client at onboarding (for notices to the Client), with confirmation of receipt
• By registered post or courier to the respective party’s address as set out in the service agreement

Notices sent by email shall be deemed received on the day of sending (if sent before 6:00 PM IST on a working day) or on the next working day (if sent after 6:00 PM or on a weekend or public holiday). Notices by post shall be deemed received 3 working days after the date of posting.

22. Modifications to These Terms

MfunL reserves the right to amend or update these Terms at any time to reflect changes in applicable law, regulatory requirements, business practices, or platform policies. Updated Terms will be published on our website at www.mfunl.com/terms-condition/ with a revised “Last Updated” date at the top.

For existing clients, where a material change to these Terms affects ongoing service engagements, MfunL will notify the Client by email at least 14 days before the revised Terms take effect. Continued use of MfunL’s services after the effective date of the revised Terms constitutes the Client’s acceptance of the changes. If the Client does not agree to the revised Terms, they may terminate the engagement by providing the notice described in Section 14(b).

23. Severability

If any provision of these Terms is found by a court or arbitral tribunal of competent jurisdiction to be invalid, void, unlawful, or unenforceable for any reason, that provision shall be deemed severed from the rest of these Terms and modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such severance.

24. Waiver

A party’s failure to enforce, or delay in enforcing, any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by the waiving party. A waiver on one occasion shall not be deemed a waiver on any subsequent occasion.

25. Entire Agreement

These Terms, read together with the applicable service proposal or agreement, the Privacy Policy, and any other document expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof. They supersede and replace all prior negotiations, representations, warranties, understandings, proposals, and agreements between the parties on the same subject, whether written or oral.

No oral statements, representations, or promises made by either party before or during the engagement shall have any contractual force unless expressly reduced to writing and incorporated into a signed service agreement.

26. Relationship of Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment relationship, or agency between MfunL and the Client. MfunL is and shall at all times remain an independent contractor. MfunL’s employees and contractors are not employees of the Client and the Client shall have no authority to direct, supervise, or give instructions directly to MfunL’s personnel.

27. Contact Information

For any queries, communications, or notices relating to these Terms, please contact:

MfunL Healthcare Digital Marketing P-534, Raja Basanta Roy Road, 3rd Floor, Near Southern Avenue, Lake Kali Bari, Kolkata – 700029, West Bengal, India Phone: +91 8336920676 / +91 9674605724 Email: info@mfunl.com Website: www.mfunl.com