• 1. OUR SERVICES
• 2. MODIFICATIONS AND INTERRUPTIONS
• 3. DISCLAIMERS
• 4. ADDITIONAL SERVICES
• 5. ONLINE ORDERING
• 6. PURCHASES AND PAYMENT
• 7. INTELLECTUAL PROPERTY RIGHTS & DOCUMENT SECURITY
• 8. USER REPRESENTATIONS
• 9. PROHIBITED ACTIVITIES
• 10. USER GENERATED CONTRIBUTIONS
• 11. CONTRIBUTION LICENCE
• 12. THIRD-PARTY WEBSITES AND CONTENT
• 13. SERVICES MANAGEMENT
• 14. TERM AND TERMINATION
• 15. GOVERNING LAW
• 16. DISPUTE RESOLUTION
• 17. CORRECTIONS
• 18. LIMITATIONS OF LIABILITY
• 19. INDEMNIFICATION
• 20. USER DATA
• 21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
• 22. CALIFORNIA USERS AND RESIDENTS
• 23. MISCELLANEOUS

PRIVACY NOTICE CONTENTS

• 1. PRIVACY POLICY
• 2. WHAT INFORMATION DO WE COLLECT?
• 3. HOW DO WE PROCESS YOUR INFORMATION?
• 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
• 5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
• 6. HOW LONG DO WE KEEP YOUR INFORMATION?
• 7. HOW IS YOUR PAYMENT DATA TRANSFERRED?
• 8. IS YOUR PERSONAL DATA SHARED WITH THIRD PARTIES?
• 9. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
• 10. DOES THE WFAA WEBSITE USE COOKIES?
• 11. WHAT ARE YOUR PRIVACY RIGHTS?
• 12. CONTROLS FOR DO-NOT-TRACK FEATURES
• 13. DO WE MAKE UPDATES TO THIS NOTICE?
• 14. CONTACT US
• 15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

TERMS & CONDITIONS OF USE

1. OUR SERVICES The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. MODIFICATIONS AND INTERRUPTIONSWe reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates or releases in connection therewith

3. DISCLAIMERS The User expressly acknowledges and agrees that:

a. The Site may contain certain historical information and information on external archives which may not be current and is provided for reference only. We have no obligation to update any information on our Site. The User agrees that it is User’s responsibility to monitor changes to our Site.

b. WFAA will continue to study European Impressionist & Modern works of art from specified Artists listed on our website. These works of artwork that WFAA focusses on and study will progress and continue in the years to come. As new information comes to light and/or as information previously known is re-contextualized, WFAA will re-examine and/or the findings of WFAA's Database's if and as applicable. WFAA expressly reserves the right to amend any Database Entry should new evidence warrant the reconsideration of its current conclusions.

c.The information contained and accessed on or through this site (the "Site") is provided by WFAA for general guidance and is intended to offer You general information of interest. WFAA owns or licenses all text, data, images and other materials on the Site. WFAA has made every effort to ensure that the information contained on this Site is accurate and reliable. However, errors may sometimes occur. Therefore the WFAA expressly disclaims all express or implied warranties of any kind as to any matter whatsoever relating to these pages.

d. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY i.) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, ii.) PERSONAL INJURY OR PROPERTY DAMAGE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR WFAA MATERIAL, iii.) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, iv.) ANY INTERRUPTION OR. CESSATION OF TRANSMISSION TOO OR FROM THE SERVICES, v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR vi.) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR. IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

4. ADDITIONAL SERVICES a. WFAA provides, at its sole discretion, certain additional services, including processing requests for inclusion of European Impressionist and Modern artworks within WFAA's Database's' and/or requests for in-depth secure Reports to service Clients with more complex reporting needs related to an artworks provenance history). More information about the Reporting Products may be found on the portion of the Site entitled Reporting Products

b. In seeking any WFAA Services, the User will be subject to the terms of any submission agreement, including without limitation any additional User representations or warranties required thereby and/or any additional WFAA disclaimers set forth therein. In the event of a conflict between any Submission Agreement, on the one hand, and these Website Terms, on the other, the Submission Agreement shall prevail.

5. ONLINE ORDERINGThis Site may provide you with the opportunity to order WFAA services. The relevant order conditions and, if applicable, terms of purchase may be found on the relevant page herein for purchases of individual certificates, Terms and Conditions to Industry Client's are provided separately after Industry Client registration. The services may be ordered and purchased via credit card. All such credit card payments are processed by Stripe and are subject to the Stripe terms and conditions found at https://stripe.com/en-ch/legal/consumer WFAA disclaims any and all liability for the processing of any such payments by Stripe and shall in no event be liable for any direct, special, indirect, incidental or consequential damages.

WFAA does not retain or otherwise store any of Your credit card payment information. All of your personally identifiable information relating to your purchase of a Certificate or Additional Services will, however, be stored on Hubspot servers and WFAA encrypted storage and will be subject to WFAA's Privacy Policy found below. Any Order received for a Restitution Risk Certification is none-refundable. Unless a cancellation request is received by email within a 2 hour period from the time of submitting your order. Refunds when permitted; will be handled on a case by case basis and, if approved, refunds will be issued within thirty (30) days of the refund approval date.

6. PURCHASES AND PAYMENT You agree to provide current, complete, and accurate purchase and account information for all purchases made via Stripe. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that Stripe can complete your transactions and WFAA can contact you as needed. We may change prices at any time. All payments shall be in CHF, USD, EURO, or GBP. Sales tax may be added to the price of purchases if and as deemed required by us.

You agree to pay all charges at the price set in effect for your purchases and any applicable taxes, and you authorise us to charge your chosen payment provider for any such amount upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by none Registered Industry Clients.

7. INTELLECTUAL PROPERTY RIGHTS & DOCUMENT SECURITY

Our intellectual property We are the owner or the licensee of all intellectual property rights on our Website, including all source code, databases, functionality, software, website designs, audio, video, text. photographs. and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks') which are protected by copyright and other proprietary rights.

Our Content and Marks are protected by copyright laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The website Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

The Restitution Risk Profile Certification is secured with anti-counterfeit technology and materials and cannot be reproduced, the original certificate is the only verifiable document

Your use of our Services Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: i) access the Services; and ii) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed. sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: office@fineartadvisory.ch If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you submit and/or upload: By sending us Submissions through any part of the Services you: i) confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; ii) to the extent permissible by applicable law, waive any and all moral rights to any such Submission; iii) warrant that any such Submission is original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and iv) You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

8. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

9. PROHIBITED ACTIVITIES You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. (Please see the Terms & Conditions related to the use of the Restitution Risk Profile Certification for further clarification on how the Certificates can be used.)

As a user of the Services, you agree not to:

i) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. ii) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. iii) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. iv) Disparage. tarnish, or otherwise harm, in our opinion, us and/or the Services. v) Use any information obtained from the Services in order to harass, abuse, or harm another person. vi) Make improper use of our support services or submit false reports of abuse or misconduct. vii) Use the Services in a manner inconsistent with any applicable laws or regulations. viii) Engage in unauthorised framing of or linking to the Services. ix) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. x) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. xi) Delete the copyright or other proprietary rights notice from any Content. xii) Attempt to impersonate another user or person or use the Client Account of another user. xiii) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms'). xiv) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. xv) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. xvi) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. xvii) Copy or adapt the Services' software, including but not limited to Flash, PHF, HTML, JavaScript, or other code. xviii) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. xix) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper. or offline reader that accesses the Services, or use or launch any unauthorised script or other software. xx) Use a buying agent or purchasing agent to make purchases on the Services. xxi) Make any unauthorised use of the Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences. xxii) Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

10. USER GENERATED CONTRIBUTIONS The Services does not offer users to post visible content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may not be viewable by other users of the Services or through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

I) The creation, distribution, transmission, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. II) You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. III) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. IV) Your Contributions are not false, inaccurate, or misleading. V) Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, spam, mass mailings, or other forms of solicitation. VI) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us). VII) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. VIII) Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. IX) Your Contributions do not violate any applicable law, regulation, or rule. X) Your Contributions do not violate the privacy or publicity rights of any third party. XI) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. XII) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. XIII) Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENCE You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12. THIRD-PARTY WEBSITES AND CONTENT The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs. information, applications, software, and other content or items belonging to or originating from third parties (' Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content. accuracy, offensiveness, opinions, reliability, privacy practices. or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content. you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. SERVICES MANAGEMENT We reserve the right. but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities: (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

14. TERM AND TERMINATION These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TQ, IN QUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TC AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REFRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. GOVERNING LAW These Legal Terms are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Walmsley Fine Art Advisory and yourself both agree to submit to the non-exclusive jurisdiction of the courts of the canton of Schwyz which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Switzerland, or in the EU country in which you reside.

16. DISPUTE RESOLUTION

Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute’ and collectively, the 'Disputes') brought by either you or us (individually, a 'Party’ and collectively, the 'Parties'). the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Zurich, Switzerland. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Switzerland.

Restrictions The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy. invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. IT this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

17. CORRECTIONS There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUR LIABILITY TQ YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 0. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective owners, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations. rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS To the fullest extent permissible by law; We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss. damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

PRIVACY POLICY

Last revised 16th December 2024

This Privacy Notice for Walmsley Fine Art Advisory ("we." "us." or "our"), describes how and why we might access, collect, store, use, and/or share ("precess"yo)ur personal information when you use our services ("Services"). We are responsible for making decisions about how your personal information is processed. If you do not agree with our policies and practices, please do not use our Services.

1. PRIVACY POLICY

a. We attach great importance to protecting User personal data and User privacy. User personal data is treated as strictly confidential and handled in accordance with this privacy policy. Together with our hosting providers, we make every effort to protect our databases against unauthorised access, loss, misuse or falsification. Data security is assured at all times.

b. This privacy policy provides an overview of the ways in which your personal data are processed when you use our websites.

c. It applies to all our websites, specifically www.FineArtAdvisory.ch, www.LootedArtClaims.com, www.GalerieThannhauserArchive.com, www.GalerieVollardArchive.com, www.CarstairsGalleryArchive.com, and to the services offered by us on these websites.

2. WHAT INFORMATION DO WE COLLECT?

a. Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us. Sensitive Information. We do not process sensitive information.

All personal information that you provide fo us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

b. Information automatically collected In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

c. What personal data do we process?

We process personal data collected when you visit our websites solely for the purpose stated during processing and in accordance with the law.

Your personal data is collected only when you voluntarily supply them to us when placing an order for a Restitution Risk Certification, enquiring about Additional Services, registering as an Industry Client or using a contact form. An exception applies when, for practical reasons, it is not possible to obtain prior consent and processing of the personal data is permitted by law.

We process the following personal data relating to you while you are using our websites:

i) Your personal master data, specifically your last name, first name, postal address, telephone number, e-mail address; ii) Your communication data, specifically your IP address, operating system, browser ID and browser activity, as well as other information about how you have interacted with our websites or other websites; and iii) Your payment data, specifically your credit card details, IBAN and BIC or account numbers, are processed. iv) The above data types are secured and processed by a third parties: Hubspot and Stripe. More information about data processing and how Hubspot and Stripe protects your data can be found below.

We cannot be held liable for any use of Hubspot or Stripe services by you.

3. HOW DO WE PROCESS YOUR INFORMATION? In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including: