ARK Website & Digital Services Terms

These Terms govern ARK's public website and only those digital functions that ARK has actually released. They form part of the ARK Policies Hub and replace the former Terms of Use. Physical project obligations remain governed by the Project Contract Documents.

1. Purpose
These Terms govern access to and use of ARK Project Limited's public website, public-facing forms, The ARK Kitchen Edit and other general Digital Services that ARK has actually released.
They are separate from the ARK Standard Kitchen Project Terms, Project Contract Schedule and myARK Account & Access Terms. Physical project supply, manufacture, installation, payment, Handover and warranty are governed by the applicable Project Contract Documents. myARK account access is governed separately, and the Privacy Policy describes personal-information handling rather than changing the physical project Scope, price or remedies.

2. Digital Services
Digital Services may include:
the ARK website;
enquiry and project-intake forms;
The ARK Kitchen Edit and Estimate Builder;
public information explaining ARKCode;
a public ARKCode search or verification function only where ARK's live feature controls and the user interface confirm that ARK has released it;
myARK login and authorised project entry points;
digital document and approval tools;
Service Request forms;
notifications and other functions operated by ARK.
Not every feature is available for every user, record or project. A planned feature, demonstration, mock-up or explanatory page is not evidence of release. Public ARKCode search or verification and ARK Verified must not be treated as current services unless ARK formally records and implements the relevant release. Detailed myARK account terms are contained in the myARK Account & Access Terms.
ARKCode record identity
An ARKCode identifies an independent approved ARK record, such as a project, project phase, product batch, order, service or other approved record. It does not identify or belong to a customer, user, myARK account, owner, address or property. One person, account or property may therefore be linked to multiple ARKCodes. A Warranty Transfer changes authorised access, holder or owner information, warranty entitlement, status and transfer history for the same record; it does not replace or reissue the ARKCode.

3. Acceptance
These Terms apply where they are clearly displayed or linked with reasonable notice before the relevant use. Browsing a public page does not by itself create a Project Contract, myARK account, consent to marketing or approval of an unrelated transaction.
Affirmative acceptance or other documented consent may be required before you:
create an account;
upload project information;
approve a document;
sign a Contract;
submit a Service Request;
use a restricted function.
If you do not agree, do not use the relevant function. Where law or the applicable service requires express consent to electronic dealings or particular terms, ARK will obtain and record that consent. A click, silence or continued browsing is not approval of a separate Project Document unless the person, document version and approval action are clearly identified.

4. No project Contract from general website use
Browsing the website, submitting an enquiry or generating an estimate does not by itself create a kitchen supply, construction or installation Contract.
A project Contract is formed only through the acceptance process stated in the applicable Project Documents and completed by a person with the required authority.
If these Terms conflict with a signed project-specific document, the project-specific document governs the physical project for the affected matter. The myARK Account & Access Terms govern private account and access matters. The Privacy Policy describes information handling. Neither document changes the accepted physical Scope, Contract Price, warranty coverage or non-excludable statutory rights merely because a digital service is used.

5. Website information
Public website content is general information and may:
use standard assumptions;
summarise a more detailed Policy;
change over time;
not apply to a particular site;
become outdated before correction.
Final project decisions should be based on the applicable quotation, Contract, approved drawings, material records and professional advice where required.

6. Published project information
Real Projects & Prices pages may show selected information from completed or current projects, such as:
general location;
layout;
Scope;
material summary;
published project price;
completion information;
authorised images.
Each published price applies only to the stated Scope and project circumstances.
Publication does not make private Project Records public.
ARK will publish customer-specific or project-identifying information, private photographs, testimonials or other private Project Record material only under a separate granular publication consent or another lawful basis. Declining optional marketing or publication consent does not affect project service, warranty, support or consumer rights.

7. Indicative prices
Prices shown on public pages, advertisements, social media or digital tools are indicative unless clearly identified as a formal written quotation.
Final pricing may change after ARK confirms:
dimensions;
layout;
materials;
hardware;
appliances;
access;
site condition;
delivery and installation Scope;
trade requirements.

8. The ARK Kitchen Edit
The ARK Kitchen Edit is an early project-intake and planning system. Its Estimate Builder may provide a Starting Estimate and related planning output.
An output:
is not a fixed price;
is not a formal quotation;
is not an offer capable of acceptance;
does not guarantee eligibility or availability;
may depend on information entered by the user;
may change after ARK review.

9. No professional advice
Unless expressly supplied under a separate written engagement, Digital Services do not provide:
architectural;
engineering;
structural;
building-consent;
legal;
financial;
property-valuation;
licensed electrical, plumbing or gasfitting advice.
Appropriate professional advice should be obtained where required.

10. User information
You must take reasonable care to ensure information submitted is:
accurate;
current;
relevant;
lawfully supplied;
not misleading;
free from malicious software;
available for ARK to use for the submitted purpose.
ARK may reasonably rely on user-supplied information when preparing an estimate or project response. This does not transfer to the user a check, duty or responsibility that ARK has expressly accepted or cannot lawfully exclude.

11. Acting for another person
You must not access, submit or approve information for another person unless authorised.
Where you act for an owner, spouse, family member, company, trust, landlord, builder or project manager, you confirm that you have appropriate authority.
ARK may request evidence of authority.

12. Submitted content
You retain ownership of original content you submit.
You grant ARK a non-exclusive licence to use, copy, store, process, adapt and share that content only as reasonably necessary to:
respond to your enquiry;
prepare estimates, quotations or designs;
manage and document a project;
manufacture or install accepted work;
create and maintain relevant ARK records and ARKCodes;
operate myARK and authorised access;
coordinate authorised suppliers or contractors;
provide warranty and support;
comply with legal, insurance and record obligations.
The licence operates only for the stated purposes and for as long as reasonably required for those purposes, subject to the Privacy Policy, applicable law and lawful record-retention obligations. A request to stop an optional use does not require ARK to delete a record that ARK is lawfully required or reasonably entitled to retain. Submitting private content does not authorise public advertising, public Project Record publication or case-study use; ARK will obtain separate consent where required.

13. Rights in third-party content
You must have the right to provide any plan, photograph, drawing, report or personal information submitted to ARK.
You must not submit content that unlawfully:
infringes intellectual property;
breaches confidence;
contains another person's personal information;
is defamatory, fraudulent or misleading;
contains malware;
breaches law.

14. ARK intellectual property
ARK or its licensors own or control rights in ARK-created:
website content;
branding and logos;
photographs and videos;
software and interfaces;
Estimate Builder logic;
templates;
drawings and specifications;
database and record structures;
ARK-created software, interface, naming, branding, schema and record-architecture elements used in the ARKCode and myARK systems.
No ownership transfers merely because content is viewed, an ARKCode is assigned or a Digital Service is used. Assignment of an ARKCode does not give ARK ownership of user-supplied content, personal information or the underlying project facts.

15. Permitted public use
You may:
browse public pages;
save reasonable copies for personal reference;
print public Policy or project information;
share public links;
use customer tools for their intended purpose;
download documents released to your account.
This permission does not include unauthorised commercial republication or bulk extraction.

16. Search engines, AI discovery and automated access
ARK permits ordinary indexing and machine reading only of public pages by search engines and AI discovery services where they:
respect robots, access controls and published technical instructions;
do not access private or restricted records;
do not overload the service;
do not misrepresent ARK content;
preserve reasonable source attribution where content is presented to users;
comply with applicable law.
Without written permission, automated tools must not:
bypass access controls;
scrape personal or private project information;
extract restricted databases;
perform unauthorised security testing;
copy substantial protected content to create a competing commercial database or service;
interfere with system operation.
ARK Verified is a planned concept and is not a current service. Any public API, machine-access service, ARKCode search or verification function is unavailable unless ARK formally releases it, and may then be governed by separate terms. Mention of a planned function does not promise that it will be released.

17. Prohibited use
You must not use Digital Services to:
break the law;
misrepresent identity or authority;
access another person's records without permission;
interfere with service operation;
introduce malware;
bypass security;
harass staff or users;
submit fraudulent information;
infringe privacy, confidence or intellectual property;
perform unauthorised security testing.

18. Electronic communications
ARK may communicate electronically in connection with enquiries, accounts and projects, including through:
email;
SMS;
myARK messages;
notifications;
digital documents;
electronic signatures and approvals.
Project-specific formal notices must also meet the requirements of the applicable Contract and law.
Commercial electronic messages will be sent only where consented to or otherwise permitted by law, will identify the sender and will include a functional unsubscribe method where required. Unsubscribing from marketing does not stop necessary project, payment, security, Handover, warranty or support communications.

19. Electronic approvals and signatures
Viewing a document or clicking a general navigation control is not by itself an electronic signature or approval. Where an electronic method is used to satisfy a legal signature, writing or record requirement, ARK will use a method that identifies the person, indicates the person's approval, is appropriately reliable for the purpose and leaves the information accessible for later reference. ARK will obtain consent to the electronic method where required.
ARK may preserve:
user or account;
date and time;
document version;
approval action;
technical records;
related comments.
Users must be given reasonable access to the identified document before approving it. An approval applies only to the identified document and version and only within the approving person's authority.

20. Privacy
ARK handles personal information under ARK's Privacy Policy and the Privacy Act 2020. These Terms do not authorise collection, use, retention or disclosure contrary to applicable law.
The Privacy Policy explains collection, use, sharing, overseas service providers, security, retention, access, correction and complaints. ARK will provide the applicable collection notice when collecting information directly and, where required, when information is received indirectly. The provider and overseas-processing descriptions published at issue must match ARK's actual arrangements.

21. Security
ARK uses safeguards reasonable for the nature of the service and information held and remains responsible for its own non-excludable privacy, security and contractual obligations.
No online service can be guaranteed completely secure.
You must notify ARK promptly if you become aware of:
unauthorised account access;
lost or exposed credentials;
incorrect project access;
suspicious communications;
a possible privacy or security incident.
ARK will not ask for your password by email.

22. Third-party services
Digital Services may use or link to third-party:
hosting;
analytics;
payment;
mapping;
document;
communication;
supplier;
social media services.
An external service reached through a link may have its own terms and privacy practices. Where ARK selects a provider to process information or operate part of a Digital Service, ARK remains responsible for ARK's own legal obligations and reasonable provider oversight. ARK is not responsible for independent third-party conduct only to the extent it is outside ARK's reasonable control and liability may lawfully be limited.

23. Availability and changes
ARK aims to keep released Digital Services reasonably available but does not guarantee uninterrupted or error-free access.
A function is available only when ARK has actually released it for the relevant user and record. Planned functions, demonstrations, mock-ups and explanatory pages do not promise current availability.
ARK may maintain, update, restrict or discontinue a feature where reasonably necessary and, where practicable, will give reasonable notice of a material change. A feature change does not alter an accepted physical project Contract, remove a non-excludable right or prevent a person from receiving required project documents through another reasonable method.

24. Website errors
ARK may correct general website errors, broken links, inaccurate summaries and technical issues.
Correcting public content does not automatically alter an accepted quotation, Contract or approved project document.
A project-specific change must follow the applicable document and Variation process.

25. User copies and records
Users should retain independent copies of important Contracts, quotations, approved drawings, invoices, warranties and Handover records.
ARK may also preserve those records under the Privacy Policy and Project Record system.
Temporary portal unavailability does not remove a user's existing rights to project documents.

26. Suspension of digital access
ARK may restrict or suspend digital access where reasonably necessary because of:
security risk;
unauthorised access;
fraud or serious misuse;
material breach of the digital access terms;
legal requirement;
protection of another person's information;
discontinuation of a feature.
Except where urgent action is reasonably required for security, privacy or legal compliance, ARK will provide notice and a reasonable opportunity to address the issue. Any restriction should be proportionate and last no longer than reasonably necessary.
Suspension of an account or access permission does not automatically:
cancel a Project Contract;
change the identity of an ARK record or ARKCode;
eliminate a valid invoice;
remove a warranty or consumer right;
authorise withholding required documents.

27. Website responsibility
To the extent permitted by law, ARK is not responsible for loss caused solely by:
reliance on general content instead of project-specific confirmation;
incorrect user input;
unauthorised account use caused by the user's failure to take reasonable security care;
third-party services outside ARK's control;
temporary interruption;
use for a purpose the service was not designed for.
Nothing in this clause excludes or reduces responsibility for misleading or deceptive conduct, a privacy breach, negligence, failure to provide reasonable care and skill, breach of Contract or another obligation to the extent that responsibility cannot lawfully or fairly be excluded or limited.

28. Consumer rights
Nothing in these Terms excludes or reduces rights or remedies under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other New Zealand law that cannot lawfully be excluded or reduced.
Any contracting out for a transaction acquired in trade for business purposes must be contained in a separate written agreement and satisfy the applicable statutory requirements. These Website & Digital Services Terms do not by themselves contract out of consumer protection law.

29. Changes to these Terms
ARK may update these Terms for future use of the Digital Services. ARK will identify material changes and, where practicable, give reasonable notice; affirmative acceptance will be obtained where law or the relevant service requires it.
The current adopted version, publication status and effective date will be displayed in the Policies Hub. A candidate or draft without an adopted effective date is not in force.
A later version does not retrospectively alter a Project Contract, previously accepted project-specific term or completed approval. The version identified for the relevant transaction or use remains the evidence for that event.

30. 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