Legal
Terms of Use
These Terms of Use (“Terms”) govern lighthouseweb.co.nz, lighthouseweb.design, our preview sites and our free website-preview service (together, the “Services”). The Services are provided by Digifinity Limited, trading as Lighthouse Web (“Lighthouse Web”, “we”, “us” or “our”).
By requesting, opening, accessing or using the Services, you agree to these Terms. If you use the Services for a business or other organisation, you confirm that you are at least 18 and have authority to agree on its behalf. If you do not agree, do not use the Services. Our Privacy Policy explains how we handle personal information and should be read alongside these Terms.
1. A free, business-only preview service
We create website concepts for selected New Zealand and Australian businesses, free of charge and without obligation. The Services are intended only for people acting in trade or for business purposes, not for personal, domestic or household use. We may decide whether to prepare a preview and are not obliged to create one for every business.
A preview is an exploratory design concept. It is not a production-ready website, a quote, a binding offer or a promise that we will provide paid services. An email may contain an indicative price or an invitation to discuss a project, but a paid engagement begins only when the parties enter into a separate written agreement. That agreement will define the scope, price, deliverables, ownership, support and other commercial terms. If it conflicts with these Terms, the signed agreement prevails for the paid services it covers.
2. Preview access and access keys
A preview is intended only for the business named in it. Its customer-facing address requires an access key. The recipient may share the key with directors, employees and professional advisers who reasonably need to evaluate the preview, provided those people keep the preview and key confidential. The recipient is responsible for use of its key and must tell us promptly if it may have been lost, disclosed or misused.
You must not access or attempt to access a preview that was not prepared for you, share a key publicly, defeat or test access controls without written permission, or otherwise interfere with the security of the Services.
Access keys reduce unintended access at the customer-facing address, but no internet service is completely secure and technical routes may be used by our authorised operators and providers for administration and quality assurance. Do not submit confidential, sensitive or legally privileged information for inclusion in a free preview, and do not treat a preview as a secure document repository.
3. Business information and protected material
To tailor a preview, we may use factual business information that is publicly available, such as a business name, location, published contact details, services and opening hours. We may summarise public information rather than reproduce it. Displaying a business name or other identifier in a preview is solely to identify the intended business and demonstrate the concept; it does not imply endorsement, approval or an existing commercial relationship.
Material being visible online does not, by itself, give us permission to copy it. We use photographs, logos, testimonials, customer reviews and other protected material only where it is supplied or authorised by the rights holder, appropriately licensed, or otherwise permitted by law. Where those rights are not available, we use licensed or clearly illustrative placeholder material or factual summaries. No part of these Terms claims ownership of a business's material or expands any permission granted by its owner.
If you supply material for a preview, you retain ownership of it and confirm that you have the rights needed for us to use it for that purpose. You grant us a limited, non-exclusive and revocable licence to use that material only to prepare, present and revise the preview, unless a separate written agreement says otherwise.
If a preview concerns your business and you want information corrected or the preview changed or removed, email hello@lighthouseweb.co.nz or reply to our message. We will respond promptly and, where appropriate, disable the preview and handle the associated information in accordance with our Privacy Policy and applicable law.
4. Intellectual property and permitted use
Subject to the rights of businesses and third parties in their own material, the original design, code, copy and arrangement created by us for the Services belong to Digifinity Limited or our licensors. Third-party assets, including stock media, fonts and open-source software, remain subject to their own licences. A preview does not transfer ownership or grant a right to use any design or code in a live site. Any licence or transfer for paid deliverables must be stated expressly in the signed paid-services agreement and remains subject to its conditions.
We grant the intended recipient a limited, revocable, non-exclusive right to view its preview and show it to the authorised people described in section 2 solely to evaluate a possible engagement. Except as the law permits or we agree in writing, you must not publish, sell, reproduce, adapt, reverse engineer, scrape, commercially exploit or use the Services or a preview to build another website.
5. Automated tools and accuracy
We may use automated and artificial-intelligence tools, public factual information and human review to help prepare previews. Those processes can produce errors, omissions or outdated information. Please tell us if anything should be corrected.
A preview is illustrative and may contain incomplete links, placeholder material or features that have not been tested for production use. Unless a signed paid-services agreement expressly says otherwise, we do not promise that a preview is complete, continuously available, legally compliant, accessible to a particular standard, compatible with every device or capable of achieving particular search, traffic, sales or other results. Do not publish or rely on it as a live website.
6. Acceptable use
You must not use the Services to break the law or another person's rights; misrepresent your identity, affiliation or authority; introduce malicious code; disrupt or overload the Services; probe for vulnerabilities without written permission; harvest personal information; or use automated means to scrape content or data. You must not remove ownership notices or use a preview in a misleading way.
7. Availability, suspension and removal
Because previews are a free evaluation service, we do not promise to host or retain them indefinitely. We may modify, expire, suspend, remove or restrict a preview or access key where reasonably necessary to maintain or secure the Services, address suspected misuse or a breach of these Terms, comply with law, protect another person's rights, correct material problems, or discontinue the free service.
We will give reasonable notice where practicable. We may act without advance notice where urgent action is reasonably needed for security, legal compliance or harm prevention, and will explain the action afterwards where it is lawful and reasonable to do so.
8. Third-party services
The Services may refer or link to third-party sites, platforms or tools. We do not control them and are not responsible for their availability, content or privacy practices. Their own terms and licences apply. A link does not amount to an endorsement.
9. Disclaimers and liability
Nothing in these Terms excludes or limits liability for fraud or wilful misconduct, breach of an applicable privacy or confidentiality duty, infringement of a third party's intellectual-property rights, or any other liability or remedy that cannot lawfully be excluded or limited.
Subject to that paragraph, we provide the free Services with reasonable care but on an “as available” basis. To the maximum extent the law permits, we exclude implied warranties and are not liable for indirect or consequential loss, or for loss of profit, revenue, opportunity, goodwill or data, arising from the free Services. Our total aggregate liability arising from the free Services and these Terms is limited to NZ$100. This allocation of risk reflects that no fee is charged for the Services. A signed paid-services agreement may contain a different and more appropriate allocation of risk.
You remain responsible for decisions made using a preview, keeping an access key secure, verifying business information before publication and maintaining copies of any material you provide. Nothing in these Terms limits rights or remedies available under the Fair Trading Act 1986 or any other law where they cannot legally be excluded.
10. Consumer Guarantees Act
The free Services are offered only for business use. We do not rely on these website Terms alone to contract out of the Consumer Guarantees Act 1993. If the parties later enter a signed agreement for paid services and both are in trade, that agreement may state that the Consumer Guarantees Act does not apply only where doing so is permitted by section 43 of that Act and is fair and reasonable. Otherwise, all applicable statutory rights remain in place.
11. Changes to these Terms
We may update these Terms to reflect changes to the Services, our practices or the law. The updated version will show its effective date. We will give reasonable advance notice of a material change by a prominent notice on our website and, where reasonably practicable, directly to current preview recipients. A change applies prospectively from its stated effective date; it does not alter accrued rights or a signed paid-services agreement retrospectively.
If you do not agree to an updated version, you should stop using the Services and ask us to remove your preview. Your use of the Services after the updated Terms take effect constitutes acceptance of the updated Terms.
12. Questions, complaints and disputes
If you have a concern, please email us first with enough detail for us to investigate. Both sides will try in good faith to resolve a dispute promptly and may agree to mediation before starting court proceedings. This does not prevent either side from seeking urgent relief, preserving a limitation period, or making a complaint to a regulator or statutory dispute-resolution body.
13. General
If any part of these Terms is unlawful or unenforceable, it will be read down to the minimum extent needed or severed, and the remainder will continue. A failure or delay in enforcing a right is not a waiver of that right. Provisions which by their nature are intended to continue—including those concerning intellectual property, liability and disputes—survive expiry or termination of access.
These Terms are the agreement governing the free Services, but do not replace our Privacy Policy or any signed paid-services agreement. No person other than you and Digifinity Limited may enforce these Terms, except where applicable law provides otherwise.
14. Governing law and overseas businesses
These Terms are governed by New Zealand law, and the New Zealand courts have non-exclusive jurisdiction. If you are based in Australia or another country, this choice of law does not exclude mandatory rights or remedies that apply to you, including under the Australian Consumer Law where applicable, and it does not prevent either party from using a court or regulator with mandatory jurisdiction. Each party remains responsible for the laws that apply to it.
15. Notices and contact
Lighthouse Web is a trading name of Digifinity Limited (New Zealand company number 9335517; NZBN 9429052772771). Our address is 812 Inland Road, RD 2, Helensville 0875, New Zealand.
Send questions, complaints or legal notices to hello@lighthouseweb.co.nz. We may send notices to the email address through which you contacted us or received a preview. An email notice is treated as received on the next business day after sending unless the sender receives a delivery-failure notice.