Legal
Terms & Conditions
Last updated: 8 May 2025 | Effective: 8 May 2025
These Terms and Conditions ("Agreement") govern your use of Driftwell's website and advisory services. By submitting an enquiry, booking a session, or engaging Driftwell for any service, you confirm that you have read, understood, and agreed to this Agreement. If you do not agree, please do not use our services.
Questions about these terms? Contact us at [email protected].
1. Definitions
- "Driftwell" / "we" / "us" / "our" — Driftwell, a brand strategy advisory based in Kuala Lumpur, Malaysia
- "Client" / "you" / "your" — the individual or entity engaging our services
- "Services" — brand strategy advisory offerings including the Brand Clarity Session, Brand Foundations Advisory, and Brand Strategy Programme
- "Session" — a scheduled one-on-one or team advisory meeting conducted by Driftwell
- "Deliverables" — written documents, frameworks, or materials produced as part of a service engagement
- "Agreement" — these Terms and Conditions, together with any service confirmation or invoice issued by Driftwell
2. Acceptance of Terms
By using our website or engaging our services, you confirm you are at least 18 years of age and have the legal capacity to enter a binding agreement. If you are engaging on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.
3. Service Description
Driftwell provides brand strategy advisory services to founders, marketing leads, and business teams. Our three service tiers are:
- Brand Clarity Session — RM 500: one advisory session plus a one-page positioning summary
- Brand Foundations Advisory — RM 2,290: four sessions plus a brand guidelines draft
- Brand Strategy Programme — RM 4,640: ten sessions plus full brand strategy documentation
Services are delivered remotely or in-person at our Kuala Lumpur office. Availability is subject to scheduling. We reserve the right to decline or discontinue a service engagement if we determine it falls outside our scope.
4. User Responsibilities
As a client or website visitor, you agree to:
- Provide accurate and complete information during enquiry and onboarding
- Attend scheduled sessions at the agreed time or provide at least 48 hours' notice to reschedule
- Use our website and services for lawful purposes only
- Not copy, distribute, or commercially exploit Driftwell's proprietary materials without written consent
- Not misrepresent your identity, organisation, or intent when engaging our services
5. Intellectual Property
All frameworks, methodologies, templates, and website content created by Driftwell remain the intellectual property of Driftwell unless explicitly transferred in writing.
Deliverables produced specifically for your engagement — such as your brand positioning summary or guidelines draft — are licensed to you for internal business use upon full payment. You may not resell, sublicense, or publish these materials as your own work without our written consent.
6. Payment Terms
All fees are quoted and charged in Malaysian Ringgit (RM). Payment is due as agreed at the time of booking. We accept bank transfer and other methods as confirmed in our service invoice.
Cancellations and refunds:
- Cancellations made more than 5 business days before the first session: full refund
- Cancellations within 5 business days: 50% refund of the total engagement fee
- No refund for sessions already delivered or for no-shows without prior notice
- Rescheduling requests made at least 48 hours in advance will be accommodated subject to availability
7. Confidentiality
We treat all information shared during advisory engagements as confidential. We will not disclose your business information, strategies, or session content to third parties without your consent, except where required by law. We may reference the nature of an engagement (not its content) for portfolio or marketing purposes unless you request otherwise.
8. Disclaimers
Driftwell provides advisory guidance based on professional experience and industry knowledge. We do not guarantee specific business outcomes, revenue results, or market performance as a result of our services.
Our website and services are provided on an "as available" basis. We make no warranties — express or implied — regarding the completeness, accuracy, or fitness for a particular purpose of any content on our website.
9. Limitation of Liability
To the fullest extent permitted by Malaysian law, Driftwell's total liability to you — for any claim arising from these terms or our services — shall not exceed the amount you paid for the specific service engagement giving rise to the claim.
We are not liable for indirect, consequential, incidental, or special damages, including loss of profits, loss of business opportunity, or reputational harm, even if we have been advised of the possibility of such damages. Force majeure events (including illness, natural disasters, or infrastructure failure) that prevent service delivery will be addressed by rescheduling at the earliest opportunity.
10. Indemnification
You agree to indemnify and hold Driftwell harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these terms, your misuse of our services, or any false or misleading information you provided during the engagement.
11. Termination
Either party may terminate an ongoing engagement with written notice. If Driftwell terminates due to your breach of these terms, no refund will be issued for fees already paid. If you terminate for reasons not related to our default, refunds will follow the policy outlined in Section 6.
Sections covering intellectual property, confidentiality, disclaimers, limitation of liability, and governing law shall survive termination.
12. Dispute Resolution
These terms are governed by the laws of Malaysia. In the event of a dispute, we encourage both parties to attempt informal resolution in good faith within 30 days of the issue arising.
If informal resolution fails, disputes shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia. The Contracts Act 1950, Consumer Protection Act 1999, and other applicable Malaysian law shall apply.
13. General Provisions
- Entire Agreement: These terms, together with any service confirmation, constitute the entire agreement between the parties.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
- Assignment: You may not assign your rights under this agreement without our written consent.
- Notices: Legal notices should be sent to [email protected].
14. Changes to These Terms
We may update these terms from time to time. Revisions will be published on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes acceptance of the revised terms.
Legal Enquiries
For questions about these terms or to raise a formal concern: