Terms & Conditions
1. Overview
These Terms & Conditions govern the use of this website and the services provided by Drift & Flow (“we”, “us”, “our”).
These Terms apply together with our Payments, Refunds & Cancellation Policy, Privacy Policy and any other policies referred to in these Terms.
By engaging our services or using this website, you agree to these Terms.
2. Services
Drift & Flow provides custom memorial tribute presentations, including slideshow and video creation for funeral and remembrance services.
All work is created based on materials supplied by the client.
3. Client Responsibilities
You agree to:
Provide all photos, videos, text, and music selections required for your tribute
Ensure you have the right to use all materials supplied
Review all content carefully during the revision process
We are not responsible for:
Errors in spelling, dates, or sequencing once approved
Missing or incomplete materials provided by the client
4. Content Supply
The quality of the final tribute is dependent on the photographs, recordings and information supplied by the client. While reasonable efforts will be made to enhance images where possible, Drift & Flow cannot guarantee improvements to photographs that are significantly damaged, low resolution or poor quality.
5. Content We May Decline
Drift & Flow may decline to include material that is unlawful, defamatory, discriminatory, threatening, deliberately misleading, infringes another person’s rights or is otherwise inappropriate for inclusion in a memorial presentation.
Where possible, Drift & Flow will discuss the concern with the Client and provide an opportunity to supply suitable alternative material.
6. Client Permissions
You confirm that you have permission to provide all photographs, recordings, music, written content and other materials supplied to Drift & Flow. You grant Drift & Flow permission to use these materials solely for the purpose of creating and delivering your tribute.
Drift & Flow will not use a family’s tribute, photos, voice recordings or personal content for marketing without written permission.
7. Materials Deadlines
Unless otherwise stated, all timeframes in these Terms are measured in calendar days.
Clients are encouraged to provide all required materials, including photographs, music selections and other requested information, at least 7 days before the service date where possible.
The minimum timeframe for receiving all required materials is 4 days before the service date.
Where materials are received less than 7 days before the service date, production timelines may be affected and revision opportunities may be limited.
Where materials are received less than 4 days before the service date, Drift & Flow reserves the right to decline or cancel the booking if there is insufficient time remaining to complete the tribute to the required standard.
Drift & Flow is not responsible for delays resulting from late submission of materials, incomplete information or delays in client responses.
Where delays in providing materials, approvals or feedback result in insufficient time remaining to complete the tribute to the required standard before the service date, Drift & Flow may decline to proceed with further work. Any refund will be assessed in accordance with the Cancellation & Refund Policy and will take into account the work completed and time already invested in the project.
8. Fees & Payment
All prices are stated in Australian dollars and include GST where applicable.
Full payment must be received before work commences.
Payment confirms the booking and reserves time within Drift & Flow’s production schedule. A delay in payment may reduce the time available to complete the tribute and may affect the agreed delivery timeframe.
Drift & Flow is not required to commence work or deliver draft or final files until all amounts due have been paid.
9. Client Approval
Clients are responsible for reviewing all draft content, including names, dates, photographs, written content and music selections, before providing final approval. Once final approval has been provided, Drift & Flow accepts no responsibility for errors that were present in the approved version.
The Client is responsible for providing approval or revision requests within the timeframe advised by Drift & Flow. If approval or requested feedback is not received within that timeframe, Drift & Flow cannot guarantee that the final tribute will be completed before the service date. Where a version of the tribute has already been approved by the Client, Drift & Flow may provide that approved version as the final tribute if further requested feedback is not received in time.
10. Turnaround Times
Delivery timeframes are estimates and depend on:
Timely receipt of materials
Responsiveness during revisions
We will always aim to meet agreed deadlines, particularly for scheduled services, but cannot guarantee delivery where delays occur outside our control.
11. Priority Delivery
Priority Delivery is available for families requiring a faster turnaround. While every effort will be made to accommodate urgent requests, availability cannot be guaranteed.
Requests received outside normal business hours, including weekends, public holidays, or within a very short timeframe before a service, may be subject to limited availability.
Priority requests are assessed on a case by case basis and are subject to workload, timing and content requirements. Drift & Flow reserves the right to decline urgent requests where sufficient time is not available to create the tribute to the standard expected.
12. Revisions & Changes
Soft Drift includes one minor revision round, Reflections includes two minor revision rounds, and Evermore includes three minor revision rounds.
A minor revision may include small text updates, photograph substitutions, timing adjustments or similar changes.
A revision round consists of one consolidated list of requested changes submitted at the same time.
Requests that significantly alter the structure or content of the tribute may fall outside the scope of included revisions. This may include the addition of a substantial number of photographs, major changes to music selections, reordering large sections of the tribute, or other changes that require significant re-editing. Where additional work is required, any applicable charges will be discussed and approved before work proceeds.
13. Cancellations & Refunds
We understand that circumstances surrounding a loss can change unexpectedly. Each cancellation request is considered individually, with care and understanding.
As our tributes are custom-created and often produced within short timeframes, refunds are assessed based on the stage of work completed at the time of cancellation.
Once payment has been received, time is reserved within our production schedule for your tribute. If a project is cancelled before work has commenced, a partial refund may be provided, however an administration and booking fee may be retained.
Once work has commenced, refunds may be reduced or unavailable depending on the amount of work completed.
Where Priority Delivery or other urgent services have been arranged, a portion of the fee may be non-refundable due to the allocation of resources and scheduling required to meet the requested timeframe.
We will always act reasonably, fairly and with compassion when assessing cancellation and refund requests.
Further information about cancellations, refunds and any applicable booking or administration fee is set out in our Payments, Refunds & Cancellation Policy, which forms part of these Terms.
14. Music & Copyright
Clients may request specific music; however:
You are responsible for ensuring you have the right to use any requested music
Drift & Flow does not provide licensed commercial music
We are not liable for:
Copyright infringement resulting from client-supplied or requested music
The Client may be required to obtain permission or licensing for the use of commercial music. Drift & Flow does not provide legal or licensing advice and recommends that the Client seek advice from the relevant copyright owner, licensing body or venue where necessary.
15. Limitation of Liability
Drift & Flow will exercise reasonable care and skill in creating and delivering your memorial presentation.
To the maximum extent permitted by law, Drift & Flow is not responsible for delays, interruptions or failures caused by circumstances beyond its reasonable control, including internet or power outages, third-party service providers, equipment failures, venue playback issues or delays caused by incomplete or late client-supplied materials.
The Client is responsible for reviewing the tribute carefully before providing final approval and for ensuring the completed presentation is tested on the equipment that will be used at the service.
To the maximum extent permitted by law, Drift & Flow will not be liable for any indirect or consequential loss arising from the use, delivery or playback of the completed memorial presentation.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under Australian Consumer Law or any other law that cannot lawfully be excluded.
16. Australian Consumer Law
Nothing in these Terms limits, excludes or modifies any rights you may have under the Australian Consumer Law or any other applicable law. If our services fail to meet a consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law.
These Terms operate alongside your rights under the law.
17. Delivery & Playback Testing
Final tribute files will be delivered digitally through a download link, client portal or another agreed method.
The Client is responsible for downloading and checking the final files promptly after delivery. Before the service, the Client must provide the tribute to the funeral home, venue or person responsible for playback and confirm that it plays correctly on the equipment that will be used.
Drift & Flow is not responsible for playback failures caused by venue equipment, incompatible software, internet availability or third-party systems outside its control.
18. Digital Delivery, Client Portal & File Retention
18.1 Client Portal
Drift & Flow may provide clients with access to a private online client portal to assist with the memorial tribute process. The portal may include the ability to upload photographs, music and other materials, view project updates, access draft versions and obtain links to final delivered files.
The client portal is provided as a temporary service for the duration of the project and a limited period following final delivery.
18.2 Portal Access Period
The client portal and any associated online viewing or download links will remain available for 60 calendar days following delivery of the final tribute, unless otherwise advised in writing.
After the expiry of this access period, Drift & Flow may, at its sole discretion:
Unpublish or permanently remove the client portal.
Remove links to draft or final tribute files.
Remove project updates, notes and communications contained within the portal.
Remove, archive or permanently delete uploaded materials.
Access to the client portal or any associated links after the 60-day access period is not guaranteed.
18.3 Client Responsibility to Download and Store Files
Clients are responsible for downloading and securely storing all final tribute files and any other materials they wish to retain.
Drift & Flow recommends maintaining multiple backup copies of the final tribute, including copies stored on separate devices or cloud storage services.
Clients should not rely on online viewing links or the client portal as their sole copy of the final tribute.
Once the client portal has been removed, Drift & Flow is under no obligation to provide ongoing access to, recover or reproduce files, links, drafts or uploaded materials.
18.4 Online Viewing Links
Where Drift & Flow provides an online viewing link, streaming link or other digital access method, such access is provided as a convenience only.
Drift & Flow does not guarantee that online viewing links will remain active indefinitely and reserves the right to remove, replace or discontinue such links at any time after the 60-day portal access period.
Clients should ensure they have downloaded and safely stored their final tribute file prior to the expiry of the portal access period.
18.5 Recovery of Files
Following expiry of the client portal access period, Drift & Flow is under no obligation to retain, archive, recover or reproduce any tribute files, drafts, photographs, music, voice recordings or other materials.
If copies remain available, Drift & Flow may, at its sole discretion, provide replacement files or restore access. Additional administration or recovery fees may apply.
Drift & Flow makes no warranty or representation that files or materials will be recoverable after the client portal has been removed.
18.6 Client Materials
Clients warrant that they have the right to provide all photographs, music, video, recordings and other materials supplied to Drift & Flow and that the use of such materials does not infringe the rights of any third party.
Drift & Flow is not responsible for the loss, corruption or deterioration of original files supplied by the client and recommends that clients retain their own copies of all materials submitted.
18.7 Limitation of Liability
To the maximum extent permitted by law, Drift & Flow will not be liable for any loss, damage, expense or claim arising from:
The removal or expiry of the client portal.
Failure by the client to download or back up files within the access period.
The unavailability, discontinuation or removal of online viewing links after the access period.
The loss, corruption or inaccessibility of files, materials or links after delivery of the final tribute.
The inability to recover or reproduce files after the expiry of the client portal access period.
Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot be excluded under Australian Consumer Law.
19. Events Outside Our Control
Drift & Flow will not be responsible for a delay or failure to provide the services where this is caused by circumstances beyond its reasonable control, including natural disasters, severe weather, power or internet outages, illness, emergencies, equipment failure, third-party service interruptions or government restrictions.
Where such an event occurs, Drift & Flow will contact the Client as soon as reasonably possible and will take reasonable steps to minimise disruption. Any available options, including revised delivery arrangements or an appropriate refund, will be considered having regard to the circumstances and work already completed.
If illness or another unforeseen event may affect our ability to meet an agreed delivery timeframe, Drift & Flow will notify the Client as soon as reasonably possible. We will take reasonable steps to minimise disruption and, where possible, make alternative delivery arrangements before the service date. We cannot guarantee that alternative arrangements will always be available.
Nothing in this clause excludes any rights the Client may have under Australian Consumer Law.
20. Concerns & Disputes
If the Client has a concern about the services provided, they are encouraged to contact Drift & Flow promptly so the matter can be considered and, where possible, resolved directly.
Both parties agree to act reasonably and make a genuine effort to resolve any dispute before commencing formal proceedings.
We aim to acknowledge concerns within two business days and will work with the Client to resolve the matter as promptly and fairly as possible.
21. Intellectual Property
The Client retains ownership of all photographs, recordings, written material and other content supplied to Drift & Flow.
Drift & Flow retains ownership of the original designs, layouts, graphics, written content, creative elements, templates and production methods created by Drift & Flow in connection with the tribute.
Upon full payment, the Client receives a non-exclusive licence to use, display and make reasonable personal copies of the completed memorial presentation for funeral, memorial, remembrance and private family purposes.
The Client may provide the completed presentation to family members, funeral directors, celebrants, venues and other service providers where reasonably required for those purposes.
The Client must not sell, commercially distribute, commercially exploit, modify or create derivative works from Drift & Flow’s original creative materials without prior written permission.
22. Artificial Intelligence (AI) Use
The Client must not upload, submit or otherwise provide any part of Drift & Flow's original creative work, including presentations, designs, layouts, graphics, written content, templates, creative concepts or other materials, to any artificial intelligence (AI), machine learning or generative AI platform for the purpose of analysis, training, reproduction, modification or the creation of derivative works without the prior written consent of Drift & Flow.
The Client must not use Drift & Flow's creative work to train, improve or develop AI systems, generate similar works, extract design elements or reproduce Drift & Flow's original creative content or production methods.
This clause does not prevent the Client from storing, sharing or viewing the completed memorial presentation using ordinary software, cloud storage services or digital platforms for its intended personal purpose, provided the presentation is not knowingly submitted for AI training or content generation.
23. No Commercial Reuse
The Client acknowledges that Drift & Flow's presentations, templates, forms, documents, workflows, systems, written content, graphics, designs, creative concepts and business resources are original works created by Drift & Flow and are protected by intellectual property laws.
Unless expressly authorised in writing by Drift & Flow, the Client must not copy, reproduce, modify, adapt, republish, distribute, sell, licence, share, create derivative works from, or use any part of these materials for commercial purposes.
This includes, but is not limited to:
using Drift & Flow's materials to create or sell similar products or services
incorporating Drift & Flow's materials into another business or commercial offering
providing Drift & Flow's materials to third parties for commercial use
reproducing Drift & Flow's systems, templates or documentation for resale or business use.
This clause does not restrict the Client's personal use of the completed memorial presentation for the purpose for which it was created.
24. Privacy
Drift & Flow handles personal information in accordance with its Privacy Policy and applicable Australian privacy laws.
The Privacy Policy explains how personal information, photographs, recordings and other materials are collected, used, stored and disclosed.
Please refer to the Drift & Flow Privacy Policy available on this website.
25. Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down or, if necessary, removed to the minimum extent required by law.
The remaining provisions of these Terms & Conditions will continue in full force and effect.
26. Governing Law
These Terms are governed by the laws of Queensland, Australia.
27. Changes to Terms
We may update these Terms from time to time.
Any changes to these Terms will apply to new bookings from the date the updated Terms are published. A booking already accepted by Drift & Flow will remain subject to the version of the Terms that applied when that booking was made, unless a change is required by law.
The latest version will always be available on our website.