Website Terms of Use

ArtVest is a South African art platform providing services that may include, depending on the particular artwork or service:

• showcasing and promoting artists and artworks;
• facilitating connections between artists, collectors, buyers and other art market participants;
• facilitating the sale or purchase of artworks;
• providing art advisory, sourcing, placement or related services;
• providing information about artists, artworks, exhibitions and the African art market; and
• providing other services described on the Platform from time to time.

ArtVest may act as:

• the seller or supplier of an artwork;
• an agent or intermediary acting on behalf of an artist or third-party seller; or
• an independent provider of art advisory or related services.

The capacity in which ArtVest is acting in relation to a particular transaction will be identified where applicable.

Unless expressly stated otherwise, ArtVest does not represent that it owns every artwork displayed on the Platform.

ArtVest's legal details are:

Legal name

ARTVEST

Enterprise number

2025/936855/07

Country of registration

Republic of South Africa

Registered address

Daventry court 10 Riviera rd Killarney 2193

Principal business address

Daventry court 10 Riviera rd Killarney 2193

Email

info@artvest.co.za

Telephone

076 735 9825

Website

ArtVest.co.za

Where required by applicable law, additional company, regulatory, accreditation or registration information will be made available on the Platform.

By using the Platform, you confirm that:

• a. you have read and understood these Terms;
• b. you agree to comply with these Terms and all applicable laws;
• c. you are legally capable of entering into a binding agreement; and
• d. where you act on behalf of another person or entity, you have authority to do so.

If you are under the age of 18, you may only use the Platform with the involvement and consent of a parent or legal guardian where required by law.

We may amend these Terms from time to time to reflect changes to the Platform, our services, applicable law or our business practices.

The updated Terms will be published on the Platform and will indicate the date on which they were last updated.

Where applicable law requires us to obtain your consent to a material change, we will do so in the manner required by law.

Your continued use of the Platform after updated Terms have been published constitutes acceptance of the amended Terms, to the extent permitted by law.

You agree to use the Platform lawfully and responsibly. You may not:

• a. use the Platform for any unlawful, fraudulent or deceptive purpose;
• b. impersonate another person or misrepresent your identity or affiliation;
• c. provide false, misleading or fraudulent information;
• d. interfere with the security, operation or functionality of the Platform;
• e. introduce malicious software, viruses or other harmful code;
• f. attempt to gain unauthorised access to any part of the Platform;
• g. scrape, copy, reproduce or systematically extract Platform content without our prior written permission;
• h. use artwork images, artist information or other Platform content for commercial purposes without the necessary rights or permission;
• i. infringe the intellectual property rights of ArtVest, an artist, collector, seller or any other third party; or
• j. use the Platform to facilitate fraud, money laundering, terrorist financing or any other unlawful activity.

We reserve the right to suspend or terminate access where we reasonably believe that a user has breached these Terms or applicable law.

Information relating to artworks may include:

• artist name;
• artwork title;
• medium;
• dimensions;
• date of creation;
• edition information;
• provenance;
• exhibition history;
• condition;
• price;
• availability; and
• other information relevant to the artwork.

While ArtVest takes reasonable steps to ensure that information published on the Platform is accurate, information may be supplied by artists, galleries, consignors, collectors or other third parties.

Unless expressly stated otherwise, ArtVest does not warrant that every item of information supplied by a third party is complete, current or error-free.

Artwork images are intended to provide a representation of the artwork. Differences may occur due to photography, lighting, screen settings, colour reproduction and digital display.

Dimensions and other specifications should be confirmed before purchase where these details are material to the transaction.

ArtVest recognises the importance of authenticity and provenance in the art market.

Where appropriate, ArtVest may request or review supporting information including certificates of authenticity, provenance documentation, invoices, exhibition records, catalogues or other supporting material.

However, unless ArtVest expressly provides a written guarantee of authenticity in relation to a particular artwork, ArtVest does not provide an unconditional guarantee that an artwork is authentic solely by virtue of its inclusion on the Platform.

Where an artwork is represented as authentic by an artist, gallery, consignor or other seller, that party may remain responsible for the accuracy of the representation.

Where authenticity, provenance or attribution is expressly warranted by ArtVest, the scope of that warranty will be stated separately in writing.

Nothing in this clause limits any non-excludable rights a consumer may have under applicable law.

All prices displayed on the Platform will be stated in the applicable currency.

Unless otherwise indicated, prices are stated in South African Rand (ZAR).

Where applicable, prices may include or exclude:

• VAT;
• delivery or shipping charges;
• insurance;
• customs duties;
• import taxes;
• packaging;
• framing; or
• other transaction-related charges.

Any additional charges that are payable by the customer will be disclosed before the transaction is finalised to the extent required by applicable law.

ArtVest reserves the right to correct genuine pricing or listing errors before accepting an order.

If an artwork has been incorrectly listed at a materially incorrect price, ArtVest may contact the customer before proceeding with the transaction.

Artwork displayed on the Platform is subject to availability.

The display of an artwork does not necessarily constitute an offer that ArtVest is obliged to accept.

An artwork may become unavailable because it has been sold, withdrawn, reserved, consigned elsewhere or otherwise removed from sale.

A transaction will only become binding when the applicable transaction process has been completed and acceptance has been communicated in accordance with the Platform's purchasing process and applicable law.

When placing an order through the Platform, you agree to provide accurate and complete information.

Before submitting an order, you will be provided with an opportunity, where applicable, to:

• a. review the transaction;
• b. identify and correct errors; and
• c. withdraw from the transaction before final submission.

ArtVest may send an electronic acknowledgement of an order.

An acknowledgement of receipt does not necessarily constitute acceptance of the order unless expressly stated otherwise.

The final agreement between ArtVest and the customer, or between the customer and the relevant seller where ArtVest acts as intermediary, will be determined by the applicable transaction terms.

Electronic records of transactions may be retained in accordance with applicable law.

Payment must be made using the payment methods made available on the Platform.

ArtVest may use third-party payment service providers to process payments.

ArtVest does not ordinarily have access to complete payment-card information processed by third-party payment providers.

You warrant that you are authorised to use the payment method provided.

ArtVest may delay or refuse a transaction where:

• a. payment is unsuccessful;
• b. payment information cannot be verified;
• c. fraudulent activity is suspected;
• d. regulatory or compliance checks are required; or
• e. the transaction may contravene applicable law.

For high-value transactions, ArtVest may be required to conduct identity verification, customer due diligence, source-of-funds checks or other compliance procedures required by applicable law.

Certain transactions involving high-value artworks may be subject to the Financial Intelligence Centre Act 38 of 2001 ("FICA") and related regulations.

Where applicable, ArtVest may be required to:

• identify and verify customers and other relevant parties;
• establish beneficial ownership;
• conduct customer due diligence;
• obtain additional information regarding a transaction;
• conduct sanctions or politically exposed person screening;
• retain prescribed records;
• monitor transactions; and/or
• report certain transactions or activities to the Financial Intelligence Centre.

Where required by law, ArtVest may refuse, delay, suspend or terminate a transaction if required information or verification is not provided.

ArtVest will not be required to disclose information where disclosure is prohibited by law.

Delivery arrangements will be communicated to the customer before or during the relevant transaction.

Delivery times may vary depending on:

• the location of the artwork;
• the location of the buyer;
• availability;
• framing or preparation;
• insurance requirements;
• customs procedures;
• international shipping;
• third-party logistics providers; and
• other circumstances outside ArtVest's reasonable control.

Where delivery is undertaken by a third party, the relevant delivery provider's terms may also apply.

Unless expressly stated otherwise, delivery does not include installation, hanging, framing or other services.

International customers are responsible for any import duties, taxes, customs charges or other amounts that may lawfully be payable in the destination country, unless expressly stated otherwise.

The point at which risk in an artwork passes to the customer will depend on the nature of the transaction and applicable law.

Nothing in these Terms is intended to exclude any statutory consumer protection that cannot lawfully be excluded.

Where ArtVest acts solely as an intermediary, the agreement regarding transfer of risk may be between the buyer and the relevant seller.

The applicable transaction documentation will govern where specific arrangements are agreed.

Returns, refunds and cancellations are governed by our Returns and Refund Policy, together with any transaction-specific terms.

Nothing in these Terms removes or limits any consumer right that applies under the Consumer Protection Act, Electronic Communications and Transactions Act or other applicable law.

Where a statutory cooling-off right applies to a transaction, it will be honoured in accordance with applicable law.

Certain goods or transactions may fall within statutory exclusions or exceptions.

Where an artwork is custom-made, personalised, commissioned or otherwise subject to a statutory exception, the applicable cancellation and return rules will be communicated to the customer.

Where the Consumer Protection Act 68 of 2008 ("CPA") applies, ArtVest will comply with applicable consumer rights and obligations.

Nothing in these Terms is intended to:

• a. waive a consumer's statutory rights;
• b. permit conduct prohibited by the CPA;
• c. create an unfair, unreasonable or unjust contractual term; or
• d. exclude liability that cannot lawfully be excluded.

Where a provision of these Terms purports to limit ArtVest's liability, impose an indemnity or require a customer to assume a particular risk, that provision will apply only to the extent permitted by applicable law.

Where required by the CPA, particularly important or potentially onerous provisions will be brought to the consumer's attention in the manner required by law.

Artists and other sellers who provide artworks or information for publication on the Platform represent and warrant, where applicable, that:

• a. they have the legal right to sell or otherwise make the artwork available;
• b. they have authority to grant the rights granted to ArtVest;
• c. information provided to ArtVest is accurate to the best of their knowledge;
• d. the artwork does not knowingly infringe the intellectual property rights of another person;
• e. the artwork has not knowingly been unlawfully obtained; and
• f. they will comply with applicable laws.

Artists and sellers remain responsible for the accuracy of information they provide to ArtVest.

ArtVest may request supporting documentation and may remove or suspend a listing where concerns arise regarding authenticity, ownership, provenance, intellectual property or legality.

By submitting photographs, images, artwork information, biographies, statements, videos or other content to ArtVest ("Artist Content"), the submitting party confirms that it has the necessary rights to provide that content.

The submitting party grants ArtVest a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, communicate, adapt and distribute the Artist Content for purposes reasonably connected with:

• operating the Platform;
• marketing and promoting the artist or artwork;
• facilitating sales;
• social media and digital marketing;
• advertising ArtVest;
• editorial and educational content; and
• maintaining historical records of ArtVest's activities.

The licence continues for as long as reasonably necessary for these purposes, including after content has been removed from active listings where such continued use is reasonably necessary for archival, legal, accounting or historical purposes.

Nothing in this clause transfers ownership of copyright in the underlying artwork.

All intellectual property rights in the Platform, including:

• the ArtVest name and branding;
• logos;
• website design;
• text;
• graphics;
• software;
• databases;
• photographs commissioned or owned by ArtVest;
• marketing materials; and
• other original Platform content

belong to ArtVest or its licensors, unless otherwise indicated.

You may access and use the Platform for its intended purpose.

You may not reproduce, modify, distribute, sell, licence, publish, transmit or commercially exploit ArtVest's intellectual property without prior written permission.

Copyright in an artwork remains with the relevant copyright owner unless copyright has been expressly transferred.

The purchase of an artwork does not, by itself, transfer copyright or reproduction rights in that artwork.

Artwork images displayed on the Platform may be protected by copyright.

You may not download, reproduce, alter, distribute or commercially exploit artwork images without the permission of the relevant rights holder.

Purchasing an artwork does not automatically grant the purchaser the right to reproduce, publish, merchandise or commercially exploit images of that artwork.

The Platform may contain links to websites, payment providers, delivery companies, social media platforms and other third-party services.

ArtVest does not control and is not responsible for third-party websites, content, products or services.

A link to a third-party website does not constitute an endorsement unless expressly stated.

Your use of third-party services may be subject to separate terms and privacy policies.

Where ArtVest provides art advisory, sourcing, placement or related services, the scope of those services will be determined by the applicable proposal, quotation, engagement letter or other written agreement.

Unless expressly agreed otherwise, ArtVest's advisory services do not constitute:

• financial advice;
• investment advice;
• tax advice;
• legal advice;
• valuation for accounting purposes; or
• a guarantee that an artwork will appreciate in value.

Any discussion of an artwork's market performance, historical prices, collectability or potential value is provided for informational purposes only unless expressly stated otherwise.

Past performance is not a guarantee of future value.

Art may have financial and investment characteristics, but the purchase of artwork carries risks.

ArtVest does not guarantee that:

• a. an artwork will increase in value;
• b. an artwork can be resold at a particular price;
• c. a particular artist's market will appreciate;
• d. an artwork will provide a particular return; or
• e. a particular artwork will be liquid or readily saleable.

Customers should obtain independent financial, tax and legal advice where appropriate.

ArtVest does not provide regulated financial advice merely by providing information about artworks or the art market.

Where account functionality is available, users are responsible for keeping login credentials confidential.

Users must notify ArtVest promptly if they believe that their account has been compromised.

Users remain responsible for activity conducted through their account to the extent permitted by law.

ArtVest may suspend or terminate accounts where necessary to protect the Platform, users or ArtVest.

If you submit reviews, comments, photographs, testimonials or other material to the Platform, you must ensure that the content:

• is truthful and not misleading;
• does not infringe another person's rights;
• is not defamatory;
• does not contain unlawful or offensive material;
• does not contain malicious software; and
• does not violate applicable law.

ArtVest may remove content that it reasonably believes breaches these Terms or applicable law.

ArtVest processes personal information in accordance with applicable data protection laws, including the Protection of Personal Information Act 4 of 2013 ("POPIA").

Our collection and processing of personal information is explained in our Privacy Policy.

By using the Platform, you acknowledge that personal information may be processed for legitimate purposes including:

• creating and administering accounts;
• processing transactions;
• communicating with users;
• delivering artworks;
• conducting compliance checks;
• preventing fraud;
• providing customer support;
• improving the Platform;
• marketing, where legally permitted; and
• complying with legal obligations.

Where consent is required by law, ArtVest will obtain consent in the prescribed manner.

You may exercise applicable rights as a data subject in accordance with POPIA and ArtVest's Privacy Policy.

ArtVest may communicate with users regarding products, services, events, exhibitions and other opportunities in accordance with applicable law.

Where electronic direct marketing requires consent, ArtVest will obtain such consent where required.

Users may unsubscribe from marketing communications using the unsubscribe mechanism provided or by contacting ArtVest.

ArtVest will not use a person's personal information for direct marketing in a manner that contravenes applicable law.

The Platform may use cookies and similar technologies to:

• operate the website;
• remember preferences;
• understand website usage;
• improve functionality;
• analyse traffic; and
• support marketing activities where permitted.

Further information is contained in our Cookie Policy.

ArtVest will endeavour to keep the Platform available and functional but does not guarantee uninterrupted or error-free access.

The Platform may occasionally be unavailable due to:

• maintenance;
• technical problems;
• updates;
• cybersecurity incidents;
• telecommunications failures;
• third-party service failures; or
• circumstances beyond ArtVest's reasonable control.

ArtVest may modify, suspend or discontinue any part of the Platform where reasonably necessary.

To the extent permitted by law, ArtVest does not warrant that:

• a. the Platform will always be available;
• b. information on the Platform will always be complete or error-free;
• c. the Platform will be free of viruses or harmful components;
• d. artwork listings will remain available;
• e. an artwork will achieve a particular market value; or
• f. the Platform will meet every user's particular requirements.

Nothing in these Terms excludes a warranty, condition, right or remedy that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, ArtVest will not be liable for indirect, incidental, consequential or special loss arising from use of the Platform.

Nothing in these Terms excludes or limits liability for:

• a. fraud or fraudulent misrepresentation;
• b. gross negligence or intentional misconduct where such liability cannot lawfully be excluded;
• c. death or personal injury caused by negligence where liability cannot lawfully be excluded;
• d. infringement of rights where liability cannot lawfully be excluded; or
• e. any other liability that cannot legally be excluded or limited.

Where ArtVest acts solely as an intermediary between a buyer and an independent seller, ArtVest's liability may be limited to the services it directly provides, subject always to applicable law.

To the extent permitted by law, you agree to indemnify ArtVest against reasonable losses, claims, liabilities, costs and expenses arising from:

• a. your unlawful use of the Platform;
• b. your breach of these Terms;
• c. your infringement of another person's intellectual property or other rights;
• d. information or content submitted by you that is unlawful or infringes another person's rights; or
• e. fraudulent or unauthorised activity conducted through your account.

This indemnity does not apply to the extent that the relevant loss was caused by ArtVest's own unlawful conduct or liability that cannot lawfully be transferred to you.

ArtVest may suspend or refuse a transaction where it reasonably suspects:

• fraud;
• money laundering;
• theft;
• unlawful possession of an artwork;
• sanctions violations;
• identity fraud;
• payment fraud;
• counterfeit documentation; or
• other unlawful activity.

ArtVest may report suspicious activity to the relevant authorities where required or permitted by law.

Customers may submit complaints to info@artvest.co.za.

ArtVest will endeavour to acknowledge and resolve complaints within a reasonable period.

Nothing in this complaints process prevents a consumer from exercising a statutory right to approach an applicable regulatory or dispute-resolution body.

The parties will endeavour to resolve disputes amicably through good-faith communication.

Where appropriate, ArtVest may propose mediation or another form of alternative dispute resolution before litigation.

Nothing in this clause prevents a consumer from exercising a statutory right to approach the National Consumer Commission, Consumer Tribunal or another competent authority where applicable.

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory consumer rights and jurisdictional rules applicable to a particular transaction, the South African courts will have jurisdiction over disputes arising from these Terms or use of the Platform.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply.

A failure or delay by ArtVest to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with any applicable transaction-specific terms, policies and agreements expressly incorporated by reference, constitute the agreement governing your use of the Platform.

Where there is a conflict between these Terms and a specific written agreement relating to a particular artwork or service, the specific agreement will prevail to the extent of the conflict.

For questions regarding these Terms or the Platform:

Legal name

ARTVEST

Enterprise number

2025/936855/07

Registered address

Daventry court, 10 Riviera rd Killarney 2193

Physical address

Daventry court, 10 Riviera rd Killarney 2193

Email

info@artvest.co.za

Telephone

076 735 9824

Website

ArtVest.co.za

The following documents form part of ArtVest's website legal framework and may apply in addition to these Terms of Use:

• Privacy Policy
• Cookie Policy
• Returns, Refunds and Cancellation Policy
• Artist Terms & Conditions
• Collector/Buyer Terms & Conditions
• Art Advisory Engagement Terms
• Consignment Agreement, where applicable
• PAIA Manual
• FICA/AML Compliance Policy, where applicable
• Website Disclaimer
• Shipping and Delivery Policy