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WEBSITE TERMS OF USE

Version 1.0
Effective date: 18 June 2026

These Website Terms of Use govern access to and use of the ARK Project Limited website and associated digital services.

These services may include:

  • The ARK Project website

  • Online enquiry and project forms

  • Estimate Builder tools

  • myARK

  • ARKCode portals

  • ARK Verified pages

  • Customer dashboards

  • Document and approval systems

  • Other online services operated by ARK Project Limited

By accessing or using these services, you agree to these Terms of Use.

If you do not agree with these terms, you should not use the relevant digital service.

Additional acceptance may be required when you create an account, submit information, approve project documents or use specific platform features.

1. About ARK Project

The website and digital services are operated by:

ARK Project Limited
Henderson, Auckland, New Zealand

ARK Project Limited is a New Zealand business operating in trade.

In these terms:

  • ARK Project, ARK, we, us and our mean ARK Project Limited.

  • You and your mean the person accessing or using the website or digital services.

  • Digital Services means the website, Estimate Builder, myARK, ARKCode, ARK Verified and other related online services.

  • Project Documents means quotations, contracts, approved drawings, specifications, variations, invoices and other project-specific records.

 
2. Purpose of the Digital Services

The Digital Services may allow users to:

  • Learn about ARK Project and its services

  • View project examples and published project information

  • Review materials, products and general pricing information

  • Generate an indicative project estimate

  • Submit an enquiry

  • Provide project measurements or specifications

  • Upload photographs, documents or plans

  • Review project progress

  • Access ARKCode-linked records

  • Approve project information

  • View quotations, invoices or documents

  • Submit service or warranty requests

  • Access ARK Verified information

  • Communicate with ARK Project

Features may differ between users, projects and service areas.

Not every feature is available for every project.

3. Website Information

Website content is provided for general information.

ARK Project takes reasonable care to keep information clear and accurate, but website content may:

  • Be generalised

  • Be based on standard assumptions

  • Change over time

  • Not reflect every material, product or service

  • Not apply to a particular property or project

  • Become outdated before it is updated online

You should not rely solely on general website content when making a final project, structural, legal, financial, technical or purchasing decision.

Project-specific information should be confirmed in a formal written quotation, contract, drawing or other Project Document.

 
4. Indicative Prices

Prices shown on the website, social media, advertisements or digital tools are indicative unless expressly identified as a formal written quotation.

Indicative prices may be based on assumptions about:

  • Layout

  • Size

  • Cabinet quantity

  • Materials

  • Hardware

  • Benchtops

  • Site access

  • Installation conditions

  • Delivery area

  • Standard specifications

Final pricing may differ after measurements, selections, site review and project requirements are confirmed.

Website prices do not require ARK Project to supply a project at that price.

Formal pricing is governed by the ARK Project Quotation Policy and the applicable written quotation.

 
5. Estimate Builder

The ARK Project Estimate Builder is an indicative planning tool.

An estimate generated by the Estimate Builder:

  • Is not a formal quotation

  • Is not a fixed price

  • Is not an offer capable of acceptance

  • Is not a guarantee of material availability

  • Is not a guarantee of project eligibility

  • Is not a guarantee of production or installation timing

  • Does not include every possible site or project condition

  • May be based on assumptions, ranges and standard allowances

Estimate results may depend on the information entered by the user.

Incorrect, incomplete or approximate information may produce an inaccurate result.

A formal quotation will only be issued after ARK Project has received and reviewed sufficient project information.

 
6. No Professional Advice

Website content and digital tools do not constitute:

  • Architectural advice

  • Engineering advice

  • Structural advice

  • Building consent advice

  • Electrical advice

  • Plumbing or gasfitting advice

  • Legal advice

  • Financial advice

  • Property valuation advice

You should obtain advice from an appropriately qualified or authorised professional where required.

 
7. Formal Project Agreements

Using the website, submitting an enquiry or generating an estimate does not by itself create a construction, supply or installation contract.

A project is not confirmed until the applicable requirements have been completed, which may include:

  • A formal quotation being issued

  • Written acceptance

  • A signed contract

  • Required payments

  • Approved measurements

  • Approved drawings

  • Material selections

  • Appliance details

  • Other required project information

Project work is governed by the applicable Project Documents and ARK Project policies.

 
8. Order of Documents

If there is an inconsistency between these Terms of Use and a project-specific document, the following order will generally apply:

  1. Signed project-specific contract

  2. Accepted written variations

  3. Accepted formal quotation

  4. Approved drawings and specifications

  5. Project-specific written communications

  6. Applicable ARK Project policies

  7. These Website Terms of Use

Nothing in this order limits any right or obligation that cannot lawfully be excluded.

 
9. User Accounts

Some Digital Services may require an account.

When creating or using an account, you must:

  • Provide accurate and current information

  • Use the account only for a lawful and authorised purpose

  • Keep login details confidential

  • Use reasonable password security

  • Not allow an unauthorised person to use the account

  • Notify ARK Project promptly if you suspect unauthorised access

  • Update contact details where necessary

You are responsible for activity carried out through your account to the extent that it results from your failure to take reasonable care of your login information.

ARK Project may require identity or authority verification before providing access to certain project records.

 
10. Acting for Another Person

You must not access or manage another person’s project unless you are authorised to do so.

Where you act for:

  • A property owner

  • A spouse or family member

  • A company

  • A trust

  • A landlord

  • A builder

  • A project manager

  • Another customer

you confirm that you have appropriate authority to provide information, make submissions or approve records on their behalf.

ARK Project may request evidence of authority.

 
11. Account and Project Access

Account access may depend on:

  • The user’s identity

  • Project status

  • Customer authority

  • Privacy requirements

  • Security requirements

  • Contract status

  • Applicable legal obligations

ARK Project may restrict or suspend access where reasonably necessary to:

  • Protect account security

  • Protect personal or confidential information

  • Investigate suspected misuse

  • Prevent unauthorised access

  • Comply with law

  • Address a material breach of these terms

  • Protect the operation of the Digital Services

Where appropriate, ARK Project will provide notice and a reasonable opportunity to address the issue.

Suspension of portal access does not remove any contractual or statutory rights relating to the underlying project.

 
12. ARKCode

An ARKCode is a project identifier linked to available project information.

Depending on the project, ARKCode-linked records may include:

  • Project details

  • Materials and finishes

  • Drawings

  • Specifications

  • Production records

  • Installation records

  • Photographs

  • Handover information

  • Warranty information

  • Service and maintenance history

  • Approved public verification information

Not every ARKCode will contain every type of record.

An ARKCode is not proof that every item connected with a project has been independently certified or verified.

The meaning and level of verification will depend on the records available and the information stated on the applicable page.

 
13. myARK

myARK may provide access to project information, documents, approvals, updates and support functions.

Information displayed in myARK may be updated as a project progresses.

Draft, pending or preliminary information may change before formal approval.

Where an action requires formal customer approval, ARK Project may record:

  • The approving user

  • The date and time

  • The document or version approved

  • The approval method

  • Related comments or selections

Users should review documents carefully before approving them.

 
14. ARK Verified

ARK Verified may display selected project evidence or verification information.

Public ARK Verified information may include approved or appropriately selected information such as:

  • Project photographs

  • General project location

  • Project scope

  • Materials

  • Published pricing

  • Participating businesses

  • Supplier or technical documents

  • Installation or completion records

  • Other agreed evidence

Private project information is not automatically made public merely because it is linked to an ARKCode.

Personal information, exact residential addresses, signatures, access information, payment information and private communications will not be intentionally published unless authorised or otherwise permitted by law.

Public use of customer project information may require separate permission, anonymisation or another lawful basis.

 
15. Information You Submit

You may be able to submit:

  • Contact details

  • Measurements

  • Project descriptions

  • Photographs

  • Videos

  • Plans

  • Drawings

  • Appliance information

  • Material selections

  • Documents

  • Comments

  • Approvals

  • Service requests

You must take reasonable care to ensure that submitted information is:

  • Accurate

  • Relevant

  • Lawfully provided

  • Not misleading

  • Free from malicious software

  • Not subject to restrictions that prevent ARK Project from using it for the submitted purpose

ARK Project may rely on customer-supplied information when preparing estimates, quotations, designs or project records.

 
16. Rights in Submitted Content

You retain ownership of original content that you submit.

By submitting content, you grant ARK Project a non-exclusive, royalty-free licence to use, copy, store, process, adapt and share that content only as reasonably necessary to:

  • Respond to the enquiry

  • Prepare an estimate or quotation

  • Design or manage the project

  • Manufacture or install products

  • Operate myARK or ARKCode

  • Maintain project records

  • Coordinate authorised contractors or suppliers

  • Provide warranty and aftercare services

  • Meet legal, insurance or record-keeping requirements

Submitting private project content does not automatically authorise ARK Project to use it in public advertising, social media, case studies or ARK Verified pages.

Public or promotional use will be managed through separate permission or another lawful basis.

 
17. Third-Party Content

You must not submit content that:

  • Belongs to another person without permission

  • Infringes copyright or other intellectual property rights

  • Breaches confidentiality

  • Unlawfully contains another person’s personal information

  • Is defamatory

  • Is fraudulent or misleading

  • Is unlawful

  • Contains harmful code or malware

Where a plan, drawing, photograph or document was created by a third party, you are responsible for confirming that ARK Project may lawfully use it for the project.

 
18. Privacy

Personal information collected through the Digital Services will be handled in accordance with the ARK Project Privacy Policy and applicable New Zealand privacy law.

The Privacy Policy explains matters including:

  • Information collected

  • Purposes of collection

  • Use and disclosure

  • ARKCode records

  • ARK Verified information

  • Cookies

  • Storage and security

  • Retention

  • Access and correction rights

  • Contact information

These Terms of Use should be read together with the Privacy Policy.

 
19. Electronic Communications and Approvals

You agree that ARK Project may communicate with you electronically in connection with website use or your project.

Electronic communication may include:

  • Email

  • SMS

  • myARK messages

  • ARKCode notifications

  • Digital documents

  • Online approvals

  • Electronic signatures

Where an electronic approval or signature is used, ARK Project may retain evidence of:

  • Identity

  • Account

  • Date and time

  • Document version

  • Approval action

  • Relevant technical records

A project-specific contract may set additional electronic approval requirements.

 
20. Intellectual Property

Unless otherwise stated, ARK Project or its licensors own or control the intellectual property rights in the Digital Services and their content.

This may include:

  • Website text

  • Branding

  • Logos

  • Graphics

  • Photography

  • Videos

  • Page designs

  • Software

  • Databases

  • Estimate Builder logic

  • Drawings created by ARK Project

  • Templates

  • Reports

  • ARKCode structure

  • myARK interfaces

  • ARK Verified page formats

You may view and use website content for personal evaluation of ARK Project services.

You must not, without written permission:

  • Reproduce substantial website content

  • Republish content

  • Sell or commercially exploit content

  • Remove copyright or ownership notices

  • Copy software or source code

  • Reverse engineer Digital Services

  • Copy project templates or system structures

  • Present ARK Project content as your own

Nothing in these terms transfers ownership of ARK Project intellectual property to the user.

 
21. Limited Personal Use

You may:

  • Browse the website

  • Save reasonable copies for personal reference

  • Print relevant policy or project information

  • Share public page links

  • Use customer-accessible tools for their intended purpose

  • Download documents made available to your account

This permission does not include commercial reuse, republication or bulk copying.

 
22. Automated Access and Data Collection

You must not use automated tools to:

  • Overload or disrupt the Digital Services

  • Bypass access controls

  • Collect private account or project information

  • Scrape personal information

  • Copy substantial protected content

  • Extract databases

  • Test security without permission

  • Use ARK Project content to train or build a competing commercial system without written permission

Ordinary search-engine indexing of publicly available website pages is permitted where it follows applicable technical instructions and does not access restricted content.

ARK Project may use reasonable technical measures to prevent abusive or unauthorised automated access.

 
23. Prohibited Use

You must not use the Digital Services to:

  • Break the law

  • Misrepresent your identity or authority

  • Access another user’s information without permission

  • Interfere with website or portal operation

  • Introduce malware or harmful code

  • Attempt to bypass security

  • Harass staff, contractors or other users

  • Submit false or deceptive information

  • Commit fraud

  • Infringe intellectual property

  • Breach privacy or confidentiality

  • Upload unlawful or offensive material

  • Use account access for a competing commercial purpose

  • Perform security testing without written authorisation

ARK Project may investigate suspected misuse and may preserve relevant records where reasonably required.

 
24. Website Availability

ARK Project aims to keep the Digital Services reasonably available but does not guarantee uninterrupted or error-free access.

Access may be affected by:

  • Maintenance

  • Updates

  • Internet outages

  • Hosting issues

  • Cybersecurity events

  • Supplier systems

  • Equipment failure

  • Events outside reasonable control

ARK Project may temporarily restrict access where reasonably necessary to maintain, repair, update or protect the Digital Services.

Where practical, significant planned interruptions may be communicated in advance.

 
25. User Copies and Record Retention

Users should retain their own copies of important:

  • Quotations

  • Contracts

  • Approved drawings

  • Invoices

  • Payment records

  • Warranties

  • Handover documents

ARK Project may retain project records in accordance with its Privacy Policy, legal obligations and operational requirements.

Website or portal access is not a substitute for retaining documents that the user may reasonably need independently.

 
26. Security

ARK Project uses reasonable safeguards appropriate to the nature of the Digital Services and information held.

No online platform, account or transmission method can be guaranteed to be completely secure.

You must notify ARK Project promptly if you become aware of:

  • Unauthorised account access

  • A lost or exposed password

  • Incorrect project access

  • Suspicious communications

  • A possible privacy or security incident

ARK Project will not ask you to disclose your password by email.

 
27. Third-Party Services and Links

The Digital Services may contain links to or operate with third-party services, including:

  • Payment services

  • Mapping services

  • Analytics providers

  • Cloud platforms

  • Document services

  • Suppliers

  • Manufacturers

  • External contractors

  • Social media platforms

Third-party services are governed by their own terms and privacy practices.

ARK Project is not responsible for third-party content, availability or conduct outside ARK Project’s reasonable control.

A link does not necessarily mean that ARK Project endorses every statement or service on the external website.

 
28. Website Errors

If you identify an apparent website error, incorrect price, broken link, inaccurate project record or technical problem, please notify ARK Project.

ARK Project may correct website errors and update general content.

Correction of general website content does not automatically alter an accepted formal quotation, contract or approved project document.

Any project-specific correction will be handled according to the applicable quotation, contract and variation process.

 
29. Limitation of Website Responsibility

To the extent permitted by law, ARK Project is not responsible for loss caused solely by:

  • Reliance on general website information instead of formal project advice

  • Incorrect information entered by the user

  • Unauthorised use of a user account

  • Failure to follow security instructions

  • Third-party websites or services outside ARK Project’s control

  • Temporary interruption of general website access

  • Use of the Digital Services for a purpose for which they were not designed

This section does not exclude responsibility for:

  • Misleading or deceptive conduct

  • Failure to provide services with reasonable care and skill

  • Breach of an accepted project agreement

  • Breach of privacy obligations

  • Damage caused by ARK Project’s negligence

  • Any right or remedy that cannot lawfully be excluded

 
30. Consumer Rights

Nothing in these Terms of Use excludes, restricts or modifies rights or remedies that cannot lawfully be excluded under New Zealand law.

This may include rights under:

  • Consumer Guarantees Act 1993

  • Fair Trading Act 1986

  • Privacy Act 2020

  • Contract and Commercial Law Act 2017

  • Copyright Act 1994

  • Other applicable New Zealand legislation

For business users, any contracting-out arrangement must be separately recorded in writing and must be legally permitted, fair and reasonable.

 
31. Suspension and Termination

ARK Project may suspend or terminate access to a Digital Service where reasonably necessary because of:

  • A material breach of these terms

  • Unlawful activity

  • Security risk

  • Unauthorised access

  • Fraud or suspected fraud

  • Serious misuse

  • Threats to other users or systems

  • Legal or regulatory requirements

  • Discontinuation of a digital feature

Where appropriate, ARK Project will provide notice and a reasonable opportunity to remedy the issue.

Termination of digital access does not:

  • Cancel an existing project contract

  • Remove an obligation to pay a valid invoice

  • Remove a warranty right

  • Remove a customer’s statutory rights

  • Authorise deletion of records that ARK Project must lawfully retain

 
32. Changes to the Digital Services

ARK Project may improve, modify, replace or discontinue features of the Digital Services.

Where a change materially affects an active customer project or access to an important record, ARK Project will take reasonable steps to:

  • Provide notice

  • Preserve required records

  • Provide another reasonable access method

  • Avoid unnecessary project disruption

No guarantee is made that every preview, demonstration or planned feature will become permanently available.

 
33. Changes to These Terms

ARK Project may update these Terms of Use where reasonably required to reflect:

  • Changes to the Digital Services

  • Legal or regulatory changes

  • Security requirements

  • New features

  • Changes to business operations

The current version and effective date will be published on the website.

A change will not retrospectively remove rights that have already arisen.

Where a material change affects registered users or an active digital service, ARK Project may provide additional notice or request renewed acceptance.

 
34. Governing Law

These Terms of Use are governed by New Zealand law.

The New Zealand courts will have non-exclusive jurisdiction over disputes relating to these terms or the Digital Services.

This does not prevent a consumer from using any court, tribunal, complaint process or remedy available under applicable law.

 
35. Severability

If any part of these Terms of Use is found to be invalid, unlawful or unenforceable, that part will be treated as modified or removed only to the extent necessary.

The remaining terms will continue to apply.

 
36. No Waiver

If ARK Project does not immediately enforce a provision of these terms, this does not mean that ARK Project has waived that provision.

Any waiver must be clear and applies only to the particular circumstances in which it is given.

 
37. Contact

For questions about these Terms of Use or the Digital Services:

ARK Project Limited
Henderson, Auckland, New Zealand

Email: hello@arkproject.co.nz
Phone: +64 21 041 0188

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