myARK Account & Access Terms

These standalone Terms govern authorised access to myARK, ARK's private access and Project Record interface. They do not change the physical project Scope, Contract Price, warranty coverage, statutory rights or the identity of an ARK record.

1. Purpose and scope
These Terms govern the creation, linking, use, restriction and closure of myARK accounts and the release of information and functions through myARK.
myARK may provide access to Project Home, My Schedule, My Progress, My Documents, Support and other project-specific functions that ARK has actually released for the relevant user, role and record.

2. Relationship with other documents
The Project Contract Documents govern physical project supply, manufacture, installation, payment, Variations, Practical Completion and Handover. The applicable Warranty Policy and Warranty Schedules govern contractual warranty coverage. The Privacy Policy governs ARK's handling of personal information. The Website & Digital Services Terms govern the public website and general public-facing digital functions.
These Terms govern only myARK account, access, authority and interface matters. They do not replace or override a Project Contract, Warranty Schedule, formal Policy or non-excludable statutory right.

3. Key roles
In these Terms:
Account Holder means the individual to whom a myARK account is issued.
Authorised User means a person permitted to access one or more identified ARK records through a myARK account, subject to the permissions assigned to that person.
Client means the person identified as client in the applicable Project Contract Documents.
Record Holder means the person recorded by ARK as holding the relevant relationship to an ARK record. That relationship may concern ownership, authorised access, administration, warranty entitlement or another recorded role and must be read according to its stated purpose.
Warranty Holder means the person recorded as holding the applicable contractual warranty entitlement for a particular ARK record. Account access alone does not make a person the Warranty Holder.
Project Record means ARK's controlled record for a specific project, project phase, product batch, order, service or other approved record.

4. myARK role and record boundary
myARK is the private access layer and record interface through which ARK may release project updates, documents, approvals, photographs, exceptions, service records and status information.
myARK is not the Project Record identity. It is not a public register and it is not the complete internal Project Record. ARK may hold internal operational, legal, security, supplier or assessment information that is not released through the customer interface.

5. ARKCode
An ARKCode is the stable identifier assigned to one independent approved ARK record, such as a project, project phase, product batch, order, service or other approved record.
It identifies the record, not a customer, user, account, owner, address or property. One person, myARK account or property may therefore be linked to multiple ARK records and multiple ARKCodes.
A change of owner, Warranty Holder, Account Holder or Authorised User changes the recorded relationship, authorised access, warranty entitlement or transfer history only. It does not replace, reissue or change the ARKCode.
An ARKCode is not automatic proof of Handover, warranty coverage, public verification or entitlement to private information.

6. Eligibility and minors
An Account Holder must be at least 18 years old unless ARK expressly provides a limited access arrangement supervised or authorised by a parent or legal guardian.
A person under 18 must not independently enter a Project Contract, approve a Variation, accept a payment obligation or exercise another legally significant project authority through myARK. ARK may restrict or remove access where age, capacity or authority is unclear.

7. Account creation, invitation and linking
ARK may create or invite an account after reasonable identity, contact, authority and record matching. The user must provide accurate information and complete any required verification.
An invitation is personal to the intended recipient and must not be forwarded or used by another person. Linking an account to an ARK record gives only the permissions stated or reasonably associated with the assigned role.
ARK may decline, delay or limit linking where identity, authority, privacy, ownership or record matching is unclear.

8. Roles and permissions
Access may be granted to a named Client, co-owner, authorised household member, authorised project manager or representative, service contact, lawful new owner after an approved Warranty Transfer, or another person approved by ARK and the person with authority to grant access.
Permissions may differ by record and role. They may include view-only access, document access, communication, upload, Service Request, approval, payment visibility or administration.
Account access does not by itself establish record ownership, warranty entitlement, authority to approve Scope or price, authority to approve a Variation, or authority to see another person's private information.

9. Acting for another person
A user acting for another person confirms that they have authority for each relevant action. Authority to view information does not automatically include authority to approve a document or incur a payment obligation.
ARK may request written authority, identity evidence, ownership information, company authority, trust authority, power of attorney or another reasonable form of verification.

10. Shared households, co-owners and representatives
ARK may provide separate accounts, record a primary contact, require joint or specified approval for material decisions, limit sensitive information to appropriate users, and preserve each person's separate approval and access history.
One person's account access does not automatically authorise disclosure of another person's identity, payment, correspondence or other private information.
The person with appropriate authority may request removal of an Authorised User. ARK may preserve the historic access and approval record after access is revoked.

11. Account security and incident reporting
Users must keep credentials confidential, use reasonable password and device security, not share login access, keep recovery details current, sign out of shared devices and promptly report suspected compromise, incorrect access or suspicious communications.
ARK will not ask for a password by email. A user is responsible for activity caused by the user's failure to take reasonable security care, subject to applicable law and ARK's own responsibilities.

12. Prohibited use
Users must not misrepresent identity or authority, access another person's record without permission, share restricted information unlawfully, falsify or delete records, introduce malware, bypass security, carry out unauthorised testing, scrape private records, harass users or staff, or use myARK for an unlawful or fraudulent purpose.

13. Verification and data minimisation
ARK may verify identity, email or phone, property relationship, Contract role, company or trust authority, ownership after sale and authority to approve a document.
ARK will seek only information reasonably necessary for the verification purpose and will handle it under the Privacy Policy.

14. Project Home
Project Home may show project identity, ARKCode, current phase, key actions, relevant contacts and released Handover or warranty status. It is an operational summary. Detailed rights and obligations remain in the governing documents.

15. My Schedule and My Progress
My Schedule may show planned or confirmed measurement, production, delivery, installation, benchtop, trade, Handover or service dates. Unless expressly guaranteed in the applicable Project Contract Documents, dates are planning information and may change under those documents.
My Progress may show stage-based progress. A percentage or portal status is not an independent measure of legal completion, value of work or payment entitlement. Practical Completion and Handover are determined under the applicable Project Contract Documents.

16. My Documents and document status
My Documents may contain released quotations, Contracts, Contract Schedules, approved drawings, schedules, Variations, invoices, Payment Claims, Handover records, Warranty Packs, Care Guides and Record Packs.
Documents may be labelled Draft, Pending Review, Pending Approval, Accepted, Superseded, Current or Closed. Users must check the title, status and revision before relying on a document. Appearance in myARK does not make a Draft or Pending document approved.
ARK may preserve immutable or PDF snapshots of accepted versions and the associated audit evidence.

17. Electronic approvals and signatures
Viewing a page, opening a document or clicking a general navigation control is not by itself an approval or electronic signature.
Where myARK provides a legally or contractually significant approval, the interface must clearly identify the person, action, document, version and material effect. ARK will use an approval method appropriate to the purpose, obtain consent to electronic dealing where required, make the information available for review and preserve an accessible record.
ARK may record the user, account, authority, date and time, document and version, approval action, comments and relevant technical evidence.
An approval applies only to the identified document or decision and only within the approving person's authority. ARK may require additional verification or a different signing method for a higher-risk decision.

18. Variations and material changes
A project change becomes binding only when approved under the applicable Variations & Change Control Policy and Project Contract Documents.
A message, comment, uploaded image, progress status or general click does not by itself approve a change to Scope, Contract Price or time unless the approval step clearly identifies those effects and is completed by an authorised person.

19. Uploads and user content
Users may upload relevant photographs, videos, plans, technical sheets and other documents. A user must have the right to provide the content, avoid unnecessary personal information about others, ensure it is relevant and safe, and identify the correct ARK record or Service Request.
ARK may retain uploaded evidence as part of the Project Record. Private uploads do not authorise public marketing, case-study or public verification use.

20. Support and Service Requests
Support may allow users to review coverage information, access Care Guides, submit a Service Request, upload evidence, view released assessment status, see scheduled attendance, view an Issue Closure Record or begin Warranty Transfer.
Submitting a Service Request does not automatically establish warranty coverage. Coverage and remedy are determined under the applicable Contract, Warranty Policy, Warranty Schedule, Schedule D - Service, Assessment & Warranty Transfer and law.

21. Notifications and communications
myARK may display action reminders, document releases, approval requests, schedule changes, payment reminders, Handover notices and support updates.
A portal notification is a communication method, not a guarantee of continuous access. Important notices may also be sent by email or another durable method. Formal notices must meet the applicable Project Contract Documents and law.
Marketing communications are separate from necessary project, payment, security, Handover, warranty and support communications. Commercial electronic messages will be sent only where permitted and will include sender information and a functional unsubscribe method where required.

22. Personal information corrections
A user may request access to or correction of personal information under the Privacy Policy and Privacy Act 2020.
Where ARK does not agree to alter a historical record, ARK may attach a correction statement or preserve both the original information and later clarification as permitted by law.

23. Technical record corrections
If a project record appears inaccurate, the user should identify the affected page or document, the information believed to be incorrect, the proposed correction and supporting evidence.
ARK may correct an operational error while preserving the audit history. A portal correction does not silently alter a signed Contract, accepted document, approved Variation or completed assessment.

24. Record integrity and audit history
ARK may preserve versions, timestamps, access logs, approval records, status history, correction history, Service Request history and transfer history.
Users must not attempt to alter, delete or falsify a Project Record outside an authorised function. A later interface or account change does not rewrite the historical identity or status of the underlying ARK record.

25. Privacy and indirect collection
ARK handles personal information under the Privacy Policy and Privacy Act 2020.
Where ARK receives an intended Authorised User's information from an owner, Client or representative, ARK will provide or arrange the notification required for indirect collection as soon as reasonably practicable unless the person is already aware or a statutory exception applies.
Account access must be configured consistently with the purpose for which information was collected and the person's verified role.

26. Access limitations
Access depends on identity, authority, project status, privacy, security, record availability, role and applicable law. Not every user sees every internal or private record.
Access to one ARK record does not grant access to another record at the same address or involving the same person.

27. Suspension or restriction
ARK may proportionately restrict access where reasonably necessary to protect security or privacy, prevent unauthorised disclosure, investigate serious misuse, comply with law, respond to ownership change, protect another person, maintain a function or discontinue a service.
Except where urgent action is reasonably required, ARK will give notice and a reasonable opportunity to address the issue. ARK will provide another reasonable route for documents, notices or Service Requests the user is legally or contractually entitled to submit or receive.
Suspension does not cancel a Project Contract, change the Project Record or ARKCode, remove a valid warranty or consumer right, delete the audit history or authorise withholding a legally required document.

28. Outstanding accounts
Where an amount is outstanding, myARK may display required action or restrict non-essential functions only to the extent permitted by the applicable Project Contract Documents and law.
ARK must not use account status to deny privacy rights, urgent safety reporting, submission and initial assessment of a Service Request, documents required by law or a non-excludable remedy.

29. Handover and long-term access
After Handover, myARK may continue to provide the Record Pack, warranty status, Care Guides, Support, Service Request history and Warranty Transfer functions.
ARK does not promise that the same portal or interface will remain available indefinitely. Required information may be supplied by another reasonable durable method.

30. Service continuity, discontinuation and copies
ARK aims to keep released myARK functions reasonably available but does not guarantee uninterrupted or error-free access.
Where a material function is to be discontinued, ARK will, where practicable, give reasonable notice and provide an export, PDF copy or another reasonable way to obtain records the user is entitled to receive. Discontinuation does not alter a Project Contract or Project Record identity.
Users should keep independent copies of important Contracts, approvals, invoices, Handover records and Warranty Packs.

31. Property sale and Warranty Transfer
Formal Warranty Transfer is limited to the registered or legal property owner, or a person expressly authorised by that owner, and is governed by the applicable Warranty Transfer rules. A tenant, household member, property manager or service contact may receive limited Authorised User access but does not become the warranty transferee merely through occupation or portal access.
On an approved transfer, ARK may verify the new owner, restrict the former owner's property access, preserve the complete internal audit history, release appropriate property and warranty information to the new owner and withhold the former owner's private payment, identity and correspondence records.
Warranty Transfer changes authorised access, holder or owner information, warranty entitlement, warranty status and transfer history for the same Project Record. The ARKCode remains unchanged. Other records at the same property do not transfer automatically.

32. Former-owner access
A former owner does not automatically retain access to the new owner's support and property records. ARK may retain or provide documents the former owner is legally entitled to receive while protecting the new owner's information.

33. Public and private boundary
myARK is private. It must not automatically reveal names, full residential addresses, payment information, signatures, private messages, identity evidence or private Service Requests through a public project page or ARKCode feature.
ARK Verified is a planned concept and is not a current service. A public ARKCode search, verification tool or public API is unavailable unless ARK formally releases it and records the release in the applicable feature controls.

34. Retention and account closure
ARK may retain Project Records for warranty, care, replacement, transfer, legal, tax, insurance, safety and dispute purposes for as long as there is a lawful purpose.
ARK may close an account when the user no longer has authority, the property has transferred, access was created in error, serious misuse occurred, or the service is replaced or discontinued. Account closure does not require destruction of the Project Record where ARK has a lawful reason to retain it.

35. Responsibility and consumer rights
To the extent permitted by law, ARK is not responsible for loss caused solely by incorrect user information, unauthorised use resulting from the user's failure to take reasonable security care, or an independent third-party service outside ARK's reasonable control.
Nothing in these Terms excludes or reduces responsibility or rights that cannot lawfully or fairly be excluded, including applicable rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 and Privacy Act 2020.

36. Changes to these Terms
ARK may update these Terms for future account use. ARK will identify material changes, publish the adopted version and effective date, and obtain affirmative acceptance where law or the nature of the change requires it.
A later version does not retrospectively alter a Project Contract, previously completed approval or historical Project Record. A candidate or draft without an adopted effective date is not in force.

37. Contact and governing law
These Terms are governed by New Zealand law. New Zealand courts and tribunals have non-exclusive jurisdiction, subject to any statutory right to use another forum or venue.
Questions may be sent to:
ARK Project Limited | NZBN 9429046601803 | G1/22 Te Pai Place, Henderson, Auckland 0610 | arkkitchen.nz@gmail.com | +64 21 041 0188