Terms and Conditions of Website Use
Last Updated: 22 September 2026
These Terms and Conditions of Website Use govern your access to and use of the DigiCraft Labs website accessible via digicraftlabs.co.nz ("Website"). This scope includes the apex domain, www subdomain, all auxiliary subdomains, associated web properties, and digital service endpoints. These terms also govern any digital engineering services provided by DigiCraft Labs Limited ("DigiCraft Labs", "we", "us", or "our").
1. Acceptance and Electronic Formation
By accessing, browsing, interacting with, or submitting data through this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. This condition applies directly to transmitting enquiries or project brief forms. Transmission of communications, submission of form data, or continued use of the Website constitutes affirmative electronic assent. Such actions create a binding electronic agreement pursuant to Part 4 of the Contract and Commercial Law Act 2017 (CCLA). By submitting an enquiry or project brief, you additionally agree that any subsequent commercial engagement, development build, or consulting arrangement will be governed by a separate Master Services Agreement (MSA) or Statement of Work (SOW). If you do not accept these Terms, you must immediately cease all access. You must also avoid submitting form communications and terminate use of the Website.
2. Nature of Services and Commercial Hierarchy
The Website serves as an informational platform and initial touchpoint for web, software, and application engineering services. Information, technical overviews, portfolio demonstrations, and indicative pricing displayed on the Website do not constitute a formal commercial offer. Formal software development, deployment, or consulting arrangements require a separately executed Master Services Agreement (MSA) or Statement of Work (SOW). Operational or legal conflicts may arise between these general Terms and an executed SOW or MSA. In that event, the provisions of the executed SOW or MSA prevail.
3. Permitted Use and Security
You agree not to decompile, reverse engineer, disassemble, or derive the source code of any proprietary frameworks, tools, or scripts embedded within the Website. You must not introduce viruses, Trojan horses, worms, logic bombs, automated scrapers, or other technologically malicious materials. You must not attempt unauthorised access to our server infrastructure, hosting nodes, databases, or network architectures. Additionally, you must not transmit any material in contravention of the Harmful Digital Communications Act 2015, the Unsolicited Electronic Messages Act 2007, or any applicable New Zealand enactments.
4. Intellectual Property Rights and Submitted Materials
Unless otherwise expressly indicated, all rights, title, and interest in and to the Website belong exclusively to DigiCraft Labs Limited or its licensors. This scope includes UI and UX designs, proprietary code, stylesheets, proprietary algorithms, text, branding, and trade marks. It excludes third-party or open-source SVG vector assets and iconography referenced or styled via CSS. All source materials are protected under the Copyright Act 1994, Trade Marks Act 2002, and international treaty provisions. You are granted a revocable, non-exclusive, non-transferable licence solely to view and access the Website for personal evaluation or internal commercial procurement purposes. Third-party and open-source graphical assets, SVG definitions, and fonts retain the licensing rights of their respective copyright holders. No licence is granted to reproduce, redistribute, deploy, or commercially exploit any digital asset without our prior written consent. Where you submit project briefs, technical specifications, or proprietary materials through our Website, you retain your pre-existing intellectual property rights in those materials. You grant DigiCraft Labs Limited a non-exclusive, royalty-free licence to review, evaluate, and utilise such materials solely for scoping, assessing, and preparing commercial proposals. You warrant that any material submitted does not infringe any third-party intellectual property or confidentiality rights.
5. Third-Party Links and Integrations
The Website may reference or hyperlink to third-party platforms, code repositories, or API documentation. These links are provided solely for convenience and reference. DigiCraft Labs Limited maintains no operational control over external websites. We accept no legal responsibility or liability for their contents, policies, security standards, or uptime.
6. Statutory Guarantees and B2B Contracting Out
Consumer Guarantees Act 1993 (CGA): If you access the Website, procure software prototypes, or contract our services for personal, domestic, or household use, nothing in these Terms limits, restricts, or excludes your non-excludable rights, guarantees, or remedies under the CGA. To the extent that the Website, any technical information, digital materials, or digital services are accessed, acquired, or utilised for business purposes or in trade, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply. You further agree that it is fair and reasonable that the parties be bound by this exclusion pursuant to section 43(2) of the CGA.
Fair Trading Act 1986 (FTA): Where both parties are in trade, the parties explicitly contract out of sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 pursuant to section 5D of that Act. You agree that it is fair and reasonable to be bound by this provision.
7. Limitation of Liability
To the maximum extent permitted by New Zealand law, the Website and all digital assets are provided on an "as is" and "as available" basis without warranties of any kind, whether express or statutory. For visitors accessing the Website as consumers under the Consumer Guarantees Act 1993, our liability is subject to your statutory consumer guarantees. Such liability is limited solely to the extent permitted by New Zealand consumer law. For visitors accessing or acting in trade, DigiCraft Labs Limited, its directors, employees, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages resulting from your use of, or inability to use, the Website. This exclusion applies to loss of profit, loss of data, operational downtime, or loss of goodwill. Where liability cannot be excluded by law, our cumulative aggregate liability for direct losses arising out of your use of the Website shall not exceed NZD $100.00.
8. Indemnity
You agree to indemnify and defend DigiCraft Labs Limited, its directors, officers, employees, and agents from and against all verified liabilities, direct losses, third-party claims, reasonable legal fees on a solicitor-client basis, and court expenses. This indemnity applies to claims arising out of your material or negligent breach of these Terms, your misuse of the Website, any material you submit, intentional misconduct, or violation of applicable laws or third-party digital rights.
9. Service Availability and Force Majeure
DigiCraft Labs Limited does not guarantee continuous, uninterrupted, or secure access to the Website. We shall not be liable for any failure, latency, or suspension of service resulting from upstream hosting providers, cloud infrastructure outages, telecommunications network failures, or cyber security attacks. We accept no liability for any event beyond our reasonable control, including natural disasters, acts of government, or state emergencies.
10. Severability
A New Zealand court or regulator of competent jurisdiction may determine that any provision of these Terms is unlawful, invalid, or unenforceable (including under the Fair Trading Act 1986 or Consumer Guarantees Act 1993). In that event, that provision shall be severed to the minimum extent necessary. Such severance shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
11. Variations
We reserve the right to amend these Terms at any time by publishing updated versions to this URL. Material changes will be notified via a prominent notice on the Website where practicable prior to the changes taking effect. Continued use of the Website following publication constitutes acceptance of the amended Terms.
12. Governing Law and Dispute Jurisdiction
These Terms are governed exclusively by the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for the determination of any dispute arising out of or in connection with these Terms.
Privacy Policy
Last Updated: 22 September 2026
DigiCraft Labs Limited operates in compliance with the Privacy Act 2020 and adheres to the 13 Information Privacy Principles (IPPs).
1. Information We Collect
We collect personal information directly from you when you communicate with us via our contact interfaces, project intake forms, email channels, or phone calls. Categories of collected data include identity and contact data, such as your name, company entity, job title, email address, and phone number. We also collect project specification requirements, technical dependencies, and development briefs. Server systems automatically log public IP addresses, browser types, operating systems, and access timestamps.
2. Purpose of Collection
We collect and process your personal information strictly for specified operational purposes. First, we use this data to assess, scope, and quote requested digital engineering and application development projects. Second, we process details to communicate regarding active queries, operational timelines, and commercial proposals. Third, data helps us maintain platform performance, verify server integrity, and remediate technical issues. Finally, collection ensures compliance with our obligations under New Zealand tax, commercial, and corporate legislation.
3. Storage, Security, and Principle 12 (Cross-Border Disclosures)
DigiCraft Labs Limited implements strict technical and operational security controls to prevent unauthorised access, modification, disclosure, or destruction of stored data. Where cloud hosting providers, code repositories, or third-party enterprise tools store or process information outside New Zealand, we ensure that the recipient country or platform provides comparable safeguards to the New Zealand Privacy Act 2020. Alternatively, we enter into binding contractual agreements ensuring the overseas recipient meets Information Privacy Principle 12 requirements.
4. Mandatory Privacy Breach Reporting
In the event of a privacy breach that has caused, or is likely to cause, serious harm to affected individuals, DigiCraft Labs Limited will act in accordance with Part 6, Subpart 1 of the Privacy Act 2020. We will notify the New Zealand Privacy Commissioner and affected individuals as required by law.
5. Data Retention
Personal information and project brief materials submitted via our contact interfaces are retained for up to 24 months following our last communication. After this period, they are securely deleted or anonymised. This timeline does not apply if a formal commercial engagement is entered into or statutory retention obligations require ongoing storage.
6. Access, Correction, and Data Rights
Pursuant to Information Privacy Principles 6 and 7, you have the right to request access to any personal information DigiCraft Labs Limited holds about you. You also have the right to request correction of inaccurate, outdated, or incomplete data. To exercise these rights, submit a written request to our Privacy Officer via email at privacy@digicraftlabs.co.nz.
7. Governing Law
This Privacy Policy is governed exclusively by the laws of New Zealand and subject to the jurisdiction of the New Zealand courts and the Office of the Privacy Commissioner.
Third-Party Attributions
Last Updated: 22 September 2026
Select graphical assets and 3D icons utilised across this site are sourced from DrawKit under their standard licensing and attribution terms.
Select SVG vector assets, UI iconography, and graphical elements originate from open-source libraries or external creators. These elements are embedded or coded into the site via CSS stylesheets or web frameworks. All such assets remain the intellectual property of their respective copyright holders. They are utilised in accordance with their designated MIT, Apache 2.0, or equivalent standard permissive distribution licences.