1. Account Holders

(a) An account holder herein shall mean a person who has agreed to these terms of use, registered the necessary information on the registration form on the company’s website, submitted identification documents separately designated by the company, and obtained approval from the company. The process from such application to such approval shall be hereinafter referred to as “account registration.” After approval by the company, the account holder may have access to all services provided by the company under these terms of use (“services”). (b) The account registration shall be completed upon approval of the identification documents. (c) A person who wishes to use the services shall comply with the following conditions in connection with the account registration: i) Enter true and accurate data about himself/herself who wishes to use the services in the entry field of the registration form on the company’s website. Registration on behalf of another person is not permitted. ii) When registering an email address during the account registration, register the e-mail address held by himself/herself. Registration using a third party’s e-mail address is not permitted. The account registration by an e-mail address shared by multiple persons, such as a company and family members, shall be permitted only when all such multiple persons agree and consent to the account registration by such e-mail address by the person who wishes to use the services. Provided, however, that even in this case, use of the services shall be limited to the account holder himself/herself. iii) In the event of any change in the data entered under (i) hereof, the account holder shall promptly change the registration content as set forth in section 1, clause 2(e). iv) Registration or possession of multiple accounts by one user is prohibited. (d) When using the services, the account holder shall log in by entering the e-mail address entered at the time of the account registration and the password to be provided by the company upon completion of registration, and the company shall consider acts taken using an e-mail address and password to have been used by the account holder whose email address and password are registered with the company and match the entered e-mail address and password. If the e-mail address or password is stolen and misused, or used illegally, the account holder whose registered information matches such email address and password shall be responsible for such actions and omissions, except in the event of the company’s wilful misconduct or gross negligence. (e) In the event of the following, the company may partially or completely suspend or terminate the use of the services by any account holder, delete the account, or revoke the qualification of such account holder without prior notice to such account holder. If any person who has become unable to use his/her account and password for this reason wishes to use the services, he/she shall apply to register a new account and if approved by the company, receive a new password from the company in accordance with the procedures in clause 1 of this section. The company shall assume no responsibility whatsoever for any damage or loss which may arise to the account holder as a result of the suspension or termination of use of the services, deletion of an account, or revocation of the qualification of the account holder. The company may suspend, revoke or terminate the services and/or access by the account holder of his/her account: i) if the account holder does not use (log in to) the account for a continuous period of one year; ii) if the company determines that the account holder violates or threatens to violate these terms of use or the terms and conditions for each service presented at the time of use of the services; iii) if the account holder conducts any act as the company deems inappropriate from the prospective of operating the services; or (iv) if the account holder brings or will likely bring the company into disrepute. (f) If the account holder uses the services provided by the company, he/she shall use the services after confirming and agreeing to the terms and conditions for each service.

2. Notes Concerning Use of Account

(a) A person who wishes to use the services shall register an account on the company’s website in accordance with the prescribed procedures set forth in section 1, clause 1. However, the company may refuse to register an account at its discretion without providing any reason. (b) A person who wishes to use the services shall acknowledge in advance that it takes a considerable amount of time for the company to approve the account registration and issue a password, and the company shall not be responsible to compensate for any damage incurred by the person who wishes to use the services due to disapproval of the account registration or delay in issuing a password or for any other reason. (c) Any account holder shall not transfer, lend or otherwise disclose details of the account and password to any third party. Furthermore, an account holder shall not obtain multiple accounts and passwords by impersonating another person or through other means. (d) If the password of an account holder is leaked to a third party due to loss or theft, the company shall not be responsible for such leakage and the result thereof. If the account holder becomes aware of the fact that the password is lost or stolen, he/she shall immediately notify the company to that effect. (e) In the event of any change in the information registered at the time of the account registration set forth in section 1, paragraph 1, the account holder shall promptly notify the company of the details of the change through the account services. The company shall not be responsible for any loss incurred by the account holder as a result of his/her failure to notify such change. (f) All account holders shall be least [18 years] of age on the date he/she applies to register an account.

3. Current Bids

The account holder may receive details of [online absentee bids] and the status of telephone bidding entered on the account services after the commencement of the acceptance of absentee bids for upcoming auctions. The account holder may modify bidding amounts or cancel bids through the account services until [the deadline] set.

4. Successful Bids

The account holder may receive results and information on online bids for past auctions entered on the account services, information on successful bids made in person at the sale room, or by telephone bidding pursuant to section 4, clauses 3 and 4 of the terms of sale for live auctions, and information on successful bids submitted through the bidding platform pursuant to section 2 of these terms of use.

5. Consignment History

The account holder may confirm information regarding a lot which the account holder has consigned to the company for sale at an auction held by the company based on the consignment agreement separately set forth by the company such as the reserve and result of such lot. The information on consignment shall be browsed only, and the account holder may not change the reserve through the account services even before the auction at which such lot is offered for sale.

6. [Online Absentee Bidding

(a) If the account holder wishes to place absentee bids in advance by means of online bidding using the account services (“online absentee bidder”), he/she shall agree to the provisions of these terms of use and the terms of sale for live auctions and submit an application in advance through the account services to the company by 8:00 pm JST on the day before the day of the auction, together with the lot number and the maximum bid amount of the Lot that he/she wishes to bid on at such auction. Furthermore, if the online absentee bidder wishes to cancel an online absentee bid, he/she must make an application for cancellation to the company using the account services by 8:00 pm JST on the day before the day of the auction; provided, however, that the company shall not be responsible if the submission of bids or cancellation thereof is not performed at the auction due to the request for bids or cancellation thereof not being received by the company for any reason, such as failure of the internet lines. (b) Even if the application set forth in the preceding paragraph is made, the company may refuse any online absentee bids without providing any reason and shall not owe any responsibilities. (c) If the bidding application has not been placed by the prescribed deadline or the procedures to be performed by the online absentee bidder set forth above have not been implemented, the online absentee bidder may not participate in the auction. (d) In the event that the highest amount of a bid at the sale room (including telephone bidding) and the highest amount of an online absentee bid are the same, the auctioneer may, at its sole discretion, determine which bid to accept.]

1. Pre-Registration

(a) This section sets forth the details of transactions in which bids are made using the bidding platform offered by the company at auctions held by the company. Account holders who wish to place bids in a live auction using the bidding platform (“live auction bidder”), persons who have made successful bids at auctions using the bidding platform (“successful live auction bidder”), and others to whom this section 2 applies (in each case including legal entities) must comply with this section 2. (b) If the account holder wishes to place a bid at a live auction using the bidding platform, the account holder shall agree to the provisions of these terms of use, and the terms of sale for live auctions and pre-register with the company in advance through the account services. (c) After the pre-registration procedure set forth in the preceding paragraph has been performed, the live auction bidder shall enter his/her registered e-mail address and password, and log in to the bidding page for the live auction and contents that constitute it (“live auction website”) on the day of the auction. (d) If the procedure set forth in section 2, clause 1(a) has not been performed, the live auction bidder may not participate in the live auction. Even if the pre-registration procedure is followed, the company may, at its sole discretion, disable a live auction bidder's access to the website / the bidding platform.

2. Bidding Procedures

(a) When placing a bid using the bidding platform on the day of the auction, the live auction bidder shall enter his/her registered e-mail address and password at the time of the auction for the lot that he/she wishes to bid on, and then log in to the bidding page on the bidding platform that shows the images of the lots for sale and other lot information, as well as the current price and bid history of the lots. It is the live auction bidder's sole responsibility to ensure that he/she logs in and accesses the relevant pages to obtain the relevant lot information and participate in the live auctions. (b) The auction shall be conducted at a sale room in accordance with the methods and procedures set forth in section 4 of the terms of sale for live auctions, and the live auction bidder shall participate in the auction through the bidding platform. (c) The company shall assign a paddle number (“online paddle number”) to the live auction bidder who has completed pre-registration to participate in the live auction as outlined in section 2, paragraph 1, and the online paddle number shall be displayed on the bidding page. (d)The company does not warrant that the lot information and bid prices displayed on the bidding page are true and accurate and shall not be responsible for any damage suffered by the live auction bidder as a result of the untruthfulness or inaccuracy of such information, except in the event of the company’s wilful misconduct or gross negligence.

3. Bids

(a) The live auction bidder shall place a bid for the lot that is the subject of the auction at that time by confirming the bid price displayed on the bidding page and clicking the bid button. The live auction bidder may not cancel a bid or correct or change a bid price after clicking the bid button, regardless of whether there is an error in operation by the live auction bidder or a third party or for any other reason, and the live auction bidder shall not raise any objection thereto. (b) The live auction bidder may place a bid only with the designated bid price (in yen) displayed on the bidding page and may not place a bid for any amount, unit or currency other than such bid price. At the sale room, the auctioneer may, at his/her discretion, accept bids in amounts or units other than the bid price displayed on the bidding page, and the live auction bidder shall not raise any objection thereto. (c) A bid shall be deemed to be placed by the live auction bidder at the time when, after the live auction bidder clicks the bid button, the fact that such click was made and the bid price is transmitted to the company, the company’s staff at the sale room communicates the bid price of the live auction bidder to the auctioneer in accordance with the method prescribed by the company, and the auctioneer accepts such bid price. The company does not warrant that a bid by the live auction bidder will be accepted by the auctioneer. Further, the company shall not be responsible if a bid is not executed at the auction due to the fact of clicking the bid button and the bid price not being received normally by the company or delay in receiving such information for any reason, such as failure of the internet lines or systems.

4. The sale room

(a) The bidding page or the bidding platform may provide access to live images, videos or audio of the sale room during the auction for the reference of the live auction bidder, and the live auction bidder shall not raise any objection thereto including but not limited to failure of the Internet lines or systems. (b) The company shall make efforts to display on the bidding platform the commencement, interruption, termination or discontinuation of the auction or other situations concerning the auction so that such situations can be recognised by the live auction bidder through the bidding platform. Provided, however, that the company does not promise that such situations will be timely and accurately displayed and that the information sought by the live auction bidder will be immediately displayed, and the live auction bidder shall not raise any objection thereto.

1. Upon using the bidding platform, the live auction bidders agree in advance to the matters set forth below, and shall not raise any objection thereto:

(a) The live auction bidder shall use the bidding platform in accordance with all laws, regulations and rules relating to the bidding platform (“laws”) and these terms of use, and only to such extent as for the purposes intended under the bidding platforms. Furthermore, any use of the bidding platforms, including accessing the auction website, shall be conducted at the live auction bidder’s responsibility. (b) The live auction bidder shall comply with the laws and these terms of use, and if any live auction bidder breaches any laws and/or these terms of use, the company may, without prior notice to such live auction bidder, invalidate his/her account and password and immediately suspend or terminate his/her use of the bidding platform. (c) Any intellectual property rights (meaning copyrights, trademark rights, and any other intellectual property rights) concerning all content, texts, images, data, information, and other materials displayed on or obtained from the website or bidding platform (collectively, “contents”) shall belong to the company or its licensors or another duly authorised person, and no intellectual property rights shall be transferred to any live auction bidder by his/her use of the bidding platform. (d) The live auction bidder shall not reproduce or use the contents displayed on the website or bidding platform without the company’s prior written permission which shall be granted or withheld at the company's sole discretion. (e) The company shall collect and store history records, such as the time and date of the live auction bidder’s submission of a bid, the lot subject to the submission of a bid, a bid amount, the result of a bid, and other history pertaining to the use of the bidding platforms (“usage record”) but has no obligation to retain such records for longer than [3] months.. The company shall have no liability in relation to any loss, corruption or deletion of such records and the live auction bidder is advised to make his/her records. (f) Unless there is a reasonable cause or subject to compliance with the applicable laws, the company shall not accommodate any request from the live auction bidder for access, disclosure, modification, or deletion of any usage record. (g) The company may, at its discretion, dispose of or delete any usage record, unless the foregoing constitutes a breach of any laws. (h) The company may, without prior notice to the live auction bidder, suspend or terminate all or any part of the services pertaining to the bidding platform if any of the following events occurs: (i) any failure in relation to the equipment, devices, and lines for providing services pertaining to the bidding platform (“necessary equipment”) occurs due to any reason not attributable to the company, such as an act of God, civil war, civil commotion, or other unforeseen event; (ii) If any maintenance necessary for repair and maintenance of the necessary equipment is conducted; or (iii) If the company decides, at its discretion, to suspend or terminate the provision of services pertaining to the bidding platform. (i) If any third party logs in to the auction website and uses the bidding platform by way of using a registered email address and password, the company shall conduct transactions deeming such use to have been made by the live auction bidder to whom such account and password have been assigned. (j) The live auction bidder shall resolve, at his/her responsibility and expense, any and all disputes arising between such live auction bidder and any third party other than the company (including conflicts, complaints, lawsuits, and all other judicial or extrajudicial disputes or controversies) due to the use of the bidding platform, including any acts on the live auction website and shall indemnify the company against all claims, losses and costs arising from such conflicts, complaints, lawsuits, disputes and controversies.

2. Exemptions

(a) The company is not responsible for any technical problems that the live auction bidder may experience while connecting to and using the bidding platform or participating in online bidding, including but not limited too any loss of internet connection, problems with using any bidding software or any hardware faults (b) The company shall not be responsible for any damage incurred by the live auction bidder arising from any of the events set forth below, unless such damage is caused by the wilful misconduct or gross negligence of the company, and the live auction bidder agree to the same: (i) If a live auction bidder is unable to participate in an auction because the prior application to participate in auctions set forth in section 2, clause 1 is not conducted in a normal manner or the fact of such application is not properly transmitted to the company due to any flaw, malfunction or failure of devices, systems or communication lines used by the bidding platform bidder and/or the company, any unauthorised access to or alteration of data transmitted/received, or any other reason; (ii) If any bid submitted through the bidding platform is not executed in a normal manner or any bid placed at an auction is not reflected in a timely and accurate manner due to any flaw, malfunction or failure of devices, systems or communication lines used by the bidding platform bidder and/or the company, any unauthorised access to or alteration of data transmitted/received, or any other reason. The company does not accept liability for any delay or failure in placing a bid, any failure to execute bids or any errors or omissions owing to technical failings, whether on its part or the live auction bidders; (iii) If, while an auction is being held, the increases in the bid price at the sale room are not reflected in a timely and accurate manner due to any flaw, malfunction or failure of devices, systems or communication lines used by the live auction bidder and/or the company, any unauthorised access to or alteration of data transmitted/received, or any other reason; (iv) If the use of the bidding platform causes any flaw, malfunction or failure of devices, systems or communication lines used by the live auction bidder or any unauthorised access to or alteration of data transmitted/received; (v) If the provision of all or any part of the services of the bidding platform is suspended or terminated due to the event set forth in section 3, clause 1(h); (vi) If the live auction bidder incurs any damage due to his/her use of any contents or any web pages linked from the live auction website and contents that constitute it; or (vii) If any third party logs in to the auction website and uses the bidding platform by way of using a registered email address and password of the live auction bidder. (c) The website and bidding platform are provided by the company without any warranties or guarantees in relation to any statements or representations made or information given in connection with the conduct of the auction or for any other matter relating the sale of any lot by the company, its employees or agents whether oral or in writing and the company accepts no liability in connection therewith, including in relation to any errors (human or otherwise) or omissions. (d) Without limiting the foregoing, the company shall not be liable for any loss of profit, loss of opportunity, loss of business, loss of data or any indirect or consequential loss provided that nothing in these terms of use shall limit or exclude any liability that may not be lawfully limited or excluded.

1. In addition to the matters separately set forth in these terms of use, upon use of the bidding platform, the live auction bidders must not engage in any of the matters set forth below. If the company incurs any damage (including, without limitation, legal costs, special damage, or indirect damage) as a result of the live auction bidder engaging in any of the matters set forth below, such live auction bidder shall immediately provide the company with compensation for such damage:

(a) Duplicate, store, process, modify, use, or dispose of any contents without the prior written approval of the company; (b) Disclose any information obtained through use of the bidding platform (including, without limitation, personal information) to a third party other than the company or use such information for any purpose other than the purpose of using the bidding platform; (c) Engage in any act of placing a burden on the bidding platform, any act of disrupting access or operation by another live auction bidder, and/or any act of obstructing or disrupting the company’s business and/or network systems; (d) Log in to the website and use the bidding platform by way of using an email address and password owned by another live auction bidder; or (e) In addition to the above items, engage in any act in breach of the laws, the terms of sale for live auctions, these terms of use, and/or the matters designated by the company.

1. The company may change these terms of use from time to time, without notice to you. Please read these terms of use carefully, as they may be different from the last time you read them.

2. The terms of use shall be the parties' respective heirs, beneficiaries, executors, successors and assigns, but neither party may assign the terms of use without the prior written approval of the other party.

3. These terms of use and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

4. Each of the clauses of these terms of use operates separately. If any court of relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

5. Except as otherwise stated in these terms of use, each of our rights and remedies are: (a) are in addition to and not exclusive of any other rights or remedies under these terms of use or general law; and (b) may be waived only in writing and specifically. Our delay in exercising or non-exercise of any right under these terms of use is not a waiver of that or any other right. Our partial exercise of any right under these terms of use will not preclude any further or other exercise of that right or any other right under these terms of use. Our waiver of a breach of any term of these terms of use will not operate as a waiver of breach of any other term or any subsequent breach of that term.