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Nissan GT-R NFT

A 1 of 1 work of digital art by Alex McLeod, that comes with a set of keys

Nissan Canada presents GT-R NFT. A one-of-a-kind work of digital art by Canadian futurist Alex McLeod that bridges the gap between physical and metaphysical worlds. The reserve price for the work is set at $280,000 CAD because included in the auction are the keys to a 2021 Nissan GT-R NISMO Special Edition in an exclusive Stealth Grey exterior. The car itself is already extremely limited, and because this one comes with its own NFT, it’s officially a 1 of 1.

The 2021 Nissan GT-R NISMO Special Edition signals the continued evolution of the iconic sports car, known for its superior performance, eye-catching design and exclusivity. The GT-R NISMO Special Edition features a NISMO-exclusive Stealth Grey exterior color, new edition-exclusive 20-inch RAYS forged aluminum-alloy wheels with red accents, and a unique clear-coated carbon fiber hood that exposes the intricate carbon fiber weave. The GT-R NISMO features its legendary 3.8-litre V6 VR38DETT engine and is rated at 600 horsepower. With each engine hand-assembled by master technicians known as Takumi, a special aluminum takumi certification plate is placed on the front of each engine. For more information, visit canada.nissannews.com/en-CA.

The Nissan TWIN NFT is backed by RubiX’s proprietary patented technology and is built on the most secure and sustainable blockchain in the market today. The technology incorporates the users’ Passwordless Digital Identity (DID) and unique QR Codes that require authentication for NFT access, preventing the loss or theft of keys. The digital assets used for a RubiX NFT are stored on the RubiX blockchain, not on a centralized server, meaning ownership of the digital asset can’t be accessed by other parties and provides true ownership of the asset.

Please read these Auction and Vehicle Acceptance Terms and Conditions carefully before participating in the Nissan GTR-NFT Auction online-only auction (the “Nissan GTR-NFT Auction online-only auction” or the “online-only auction”). They contain the terms on which Rubix Network AG, (“Rubix”, “we”, “our” or “us”) and the sellers, being Nissan Canada Inc. (“Seller” or “Nissan”) of the Lot (as defined herein) in the Nissan GTR-NFT Auction online-only auction contract with you, registered bidders and buyers of lots in the online-only auction (as the context requires “you,” “your,” “bidders,” “buyers”).

1.CONDITIONS OF SALE

By bidding at the Nissan GTR-NFT Auction online-only auction, you agree to be bound by these Auction and Vehicle Acceptance Terms and Conditions as modified by any additional notices or terms published in the online saleroom.

2.RUBIX AS AGENT AND CONTRACT OF SALE

Rubix acts as an agent for the Seller of the lot in this online-only auction. The contract of sale will be between the Seller and the successful bidder

3.DESCRIPTIONS AND CONDITION

  1. Descriptions
    1. Non-Fungible Token
    2. You are bidding on a Non-Fungible Token (“NFT”), which is a unit of data on the RubiX blockchain representing a digital file in existence at the time of the auction. The NFT has been created by the Seller and Rubix, each of which is unable to verify or make any representation as to the nature, operation, character or contents of the NFT. If you are the successful bidder in this sale you will, subject to the terms of these Auction and Vehicle Acceptance Terms and Conditions, acquire title to the NFT.

    3. The Artwork
    4. The digital file to which the NFT relates (the “Artwork”) is not the subject of this sale and has also been created by the Seller. Rubix and Nissan make no representation and provide no warranty whatsoever in relation to the nature, description, uniqueness, functionality, operation, use, fitness, utility or compatibility with digital platforms and/or software for purpose of the digital file, either now or in the future.

      For the avoidance of doubt, Rubix is not selling any ownership rights in the Artwork, or the copyright to the Artwork, related to the NFT. Rubix is only transferring the ownership of the NFT recorded on the RubiX blockchain.

      Prospective buyers acknowledge these limitations described above and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the NFT being offered for sale in this auction. Notwithstanding the foregoing, we will exercise reasonable care when making express statements in online descriptions as is consistent with our role as auctioneer of the NFT on the online-only auction and in light of: (i) information provided to us by the Seller; (ii) technical knowledge available to us; and (iii) the generally accepted opinions of relevant experts, in each case at the time any such express statement is made.

      Online descriptions of the NFT may include a link to the RubiX blockchain, a description of NFT, its functionality, the history of ownership of the NFT (also referred to as “provenance”), as well as any exhibition history and references to the NFT or the Artwork in art publications. While we are careful in the cataloguing process, provenance, exhibition and literature references may not be exhaustive. The above information regarding provenance and history of the NFT may also be available and visible in the blockchain ledger of transactions relating to the NFT, and Rubix has no control over and accepts no responsibility for the transactions recorded or displayed in the blockchain in relation to the NFT.

      Photographs, videos and illustrations are for identification purposes only and cannot be used as precise indications of size or convey full information as to the condition of the NFT or the Artwork. We make every effort to describe the NFT and Artwork in the online-only auction as accurately as possible. Where colors are displayed, the colors you see will, however, depend on the resolution of your monitor or of your mobile device. We cannot guarantee that your monitor’s or your mobile device’s display of any color will reflect accurately the color of the items described.

      Information provided in respect to online descriptions of the NFT or the Artwork and any condition report (where available), or link to the blockchain whether written or oral, is not a representation of fact but rather a statement of opinion held by Rubix.

    5. The Nissan GT-R Motor Vehicle
    6. The successful bidder is entitled to receive one (1) Nissan GT-R motor vehicle (“GT-R”) from Rubix as a gift made gratuitously and on a voluntary basis. You acknowledge that your bid is not related to or limited by the suggested retail sales price of the GT-R.

      Conditions of the gift.

      If you are the successful bidder and Rubix makes the gift of the GT-R, you agree to accept the GT-R on the same day you are announced as the successful bidder of this online-only auction in accordance with the terms and conditions, herein. The successful bidder must visit or contact a third-party Nissan dealership in Canada as soon as possible once the vehicle identification number of the GT-R is made available to the successful bidder in order to complete the vehicle registration and any sales contract to confirm full ownership of the GT-R (“Full Ownership”).

      THE SUCCESSFUL BIDDER, AGREES NOT TO SELL, DISTRIBUTE, ASSIGN, SUBROGATE, OR IN ANY OTHER WAY, TRANSFER THE GT-R TO ANY OTHER PARTY UNTIL THE SUCCESSFUL BIDDER, HAS TAKEN FULL OWNERSHIP AND DELIVERY OF THE GT-R IN ACCORDANCE WITH SUBSECTION 8(B) OF THESE AUCTION AND VEHICLE ACCEPTANCE TERMS AND CONDITIONS.

  2. Condition
    1. NFT
    2. You agree that the NFT is sold “as is” and in the condition that it is in at the time of the online-only auction, subject to your cancellation right set forth in paragraph 10 below.

      Online descriptions of the NFT or the Artwork or links to the blockchain may include references to condition and intended functionality. Such references, though, do not amount to a full description of condition and functionality. The absence of reference to the condition and functionality of the NFT or the Artwork in their online descriptions does not imply that the NFT or the Artwork is free from faults or imperfections, and you acknowledge and agree to take all necessary care in inspecting the NFT or the Artwork and information available on the blockchain to satisfy yourself with their condition, the accuracy of their description, and their characteristics prior to bidding.

      Rubix will provide a link to the RubiX blockchain based contract governing the programming and terms of the NFT (“Smart Contract”) for the NFT in the online-only auction to prospective bidders, and you hereby acknowledge and agree that you are solely responsible for reviewing and inspecting the Smart Contract prior to purchase, and that by bidding in the online-only auction you are agreeing to the terms and conditions set forth in the Smart Contract by the Seller, and you acknowledge and agree that our staff are not Information Technology or data experts, and that by bidding in the online-only auction of the NFT, you accept that NFTs and Smart Contracts are subject to inherent technological risks which may affect their performance now or in the future, and Rubix makes no representations or warranties in relation to the condition, performance, security, quality, representations and warranties, or terms of the NFT, the Artwork, or its Smart Contract.

      Rubix accepts bids on lots on the basis that bidders (and independent experts on their behalf, to the extent appropriate given the nature and value of the lot and the bidder’s own expertise) have fully satisfied themselves as to both the condition of the lot and the accuracy of its description prior to bidding.

    3. GT-R
    4. You agree that the GT-R will be gifted “as is” without any warranty, express or implied, by Rubix including but not limited to any warranty of fitness for a particular purpose or merchantability and in the condition that it is in at the time of the online-only auction, subject to the cancellation rights set forth in Paragraphs 10 and 11 below.

      Nissan’s 2021 GTR New Vehicle Limited Warranty will apply to the GT-R subject to the terms and conditions enumerated therein.

      Rubix expressly disclaims the accuracy or completeness of any and all information provided to you regarding the GT-R, whether provided in written, verbal, or digital image form ("Vehicle Information"). Vehicle Information provided by Rubix or Nissan is for convenience only.

      Vehicle Information includes but is not limited to: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, equipment, mileage, odometer disclosures, vehicle identification number (e.g. "VIN," "HIN," and serial number), title, repair cost, repair history, title history, and total loss history. No effort has been made to list open recalls applicable to any vehicles. Any recalls are your sole responsibility.

      Rubix expressly disclaims any and all representations, warranties, and guarantees regarding the GT-R. Certain jurisdictions permit vehicles to be gifted without VIN plates; as a result, Rubix does not guarantee that vehicles are equipped with any or all VIN plates. Rubix does not guarantee that the GT-R meets or can be modified to meet local emission and/or safety requirements. It is your sole responsibility to ascertain, confirm, research, inspect, and/or investigate vehicles and any and all Vehicle Information prior to the online-only auction.

      Rubix and Nissan do not guarantee that the GT-R can be legally registered in any state, province or country, and you accept all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of the GT-R.

      Rubix and Nissan are not responsible for defects, errors, or omissions (i) related to the motor vehicle registration authority or vehicle transfer documentation not processed by Rubix or Nissan, or (ii) made by any motor vehicle registration authority, tax department or other governmental entity.

  3. Viewing
  4. NFTs, due their nature as a unit of data, are not available for physical inspection. However, the Smart Contract will be available for review by all prospective bidders via a link.

  5. Estimates
  6. The NFT will be offered for sale without estimates.

  7. Symbols Used In Lot Descriptions
  8. You may see the following symbols referenced in the online lot descriptions

  9. No Reserve
  10. The Lot in the Nissan GTR-NFT Auction online-only auction is offered without a reserve.

4.PARTICIPATING INTHE ONLINE-ONLY AUCTION

Connectivity 

You can participate in the Nissan GTR-NFT Auction online-only auction using Rubix online buying platform available on our website at https://rubixmarket.com/Account/Login, subject to registration requirements for creating an online bidding account below.

While we do everything within our control to ensure your participation in the online-only auction runs smoothly, technical problems beyond our reasonable control sometimes occur. These include, for example, broadband and other internet capacity constraints, corporate firewalls, errors in the quality or display of digital images, errors in software and other technical problems. Rubix does not accept liability for any such difficulties or errors.

  1. Registration and Approval
  2. You may register for and participate in the Nissan GTR-NFT Auction online-only auction as soon as the auction goes live through the time that the Nissan GTR-NFT Auction online-only auction closes. Unless otherwise approved in advance and in writing by Rubix, you must have reached the legal age of majority in your country/sate/province/territory/place of residence to participate in our online-only auction. Employees, representatives or agents (and those with whom such persons are living, whether related or not) of Seller, its parent companies, subsidiaries, affiliates, dealers, advertising/promotion agencies and any entity involved in the development, production, administration, or fulfillment of the aonline-only auction are not eligible to participate in the online-only auction.

    The first time you register you will need to create an account with Rubix. When you register for subsequent sales you will only need to register for that sale. You will receive an email notification once your registration has been approved. You cannot place bids before your registration has been approved. Rubix has absolute discretion to refuse admission to or participation in the online-only auction.

    In order to bid on the NFT you must prior to bidding have a wallet capable of supporting and accepting a ERC721 token.

    Payment of the Purchase Price is required in either US dollars or Ether (ETH). We will accept payment in Ether only if made via a digital wallet transfer of Ether to Rubix. Please note that payment will only be accepted in Ether if demonstrated to our satisfaction that the payment is being made from a wallet registered to you and maintained with one of the following platforms:

    1. Coinbase Custody Trust
    2. Coinbase, Inc
    3. Fidelity Digital Assets Services, LLC
    4. Gemini Trust Company, LLC; or
    5. Paxos Trust Company, LLC

    Payments from digital wallets hosted at other exchanges or self-hosted wallets will not be recognized or accepted and in such circumstances payment will be required in US dollars.

    If you are the successful bidder you agree to provide us with all information and documentation we request in order to verify your identity and to confirm that the RubiX payment was made from a digital wallet registered in your name and maintained at by one of the platforms above. Partial payments of a lot from multiple digital wallets or in both US dollars and Ether will not be accepted.

    If you choose to make payment of the Purchase Price in Ether, you represent and warrant that your bids at the online-only auction will not exceed the amount of Ether you own, and are responsible for evaluating the Ether equivalent of your bidding in US dollars at the time of your bid, and that you are hereby solely responsible and liable to obtain and pay any and all amount of Ether you bid at the online-only auction.

  3. Creating an Online Bidding Account
  4. If you do not have an existing Rubix online bidding account, you can create one by providing the information requested on our registration page. In order to register, you are required to supply the information requested on the registration page, including a valid credit card and other information and verification information required by Rubix, including:

    For private individuals

    1. full name, nationality and date of birth
    2. a copy of a government issued photo ID (e.g. passport, national ID card)
    3. proof of permanent residential address dated within the last 3 months (e.g. bank or credit card statement, utility bill, tax authority letter) unless this already appears on the photo ID, and
    4. a valid credit card in your name

    For corporate entities 

    1. company name, place of incorporation/registration; registered number and nature of business
    2. registered address (and business address if different)
    3. directors, shareholders and authorized signatories (if different than the directors), and
    4. certificate of incorporation or equivalent document or extract from relevant company registry or most recent tax return or audited accounts; and other information we may request to ascertain the identity of individual directors and shareholders.

    Rubix will only accept bids from physical persons or corporate entities. Unless we agree otherwise in writing, any bid placed by a physical person or corporate entity shall be considered a bid placed on behalf of that person or corporate entity only as principal. The registered person or corporate entity will be fully responsible for any payment due because of that bid and payment must be made by that person or corporate entity. If the purchase price is paid in Ether, the payment must be made from a wallet registered to the successful bidder and maintained by one of the platforms listed above.

  5. Existing Online bidding account holders
  6. If you have an existing online bidding account with Rubix, you will may be asked to confirm your account details when you register for the online-only sale and may be asked to provide updated identification, credit and payment information.

5.BIDDING IN THE ONLINE-ONLY SALE

  1. Existing Online bidding account holders
  2. Once you have registered and are approved for bidding in the online-only auction, you can place the next incremental bid during the online-only auction by clicking on the ‘Bid’ button, or you can place a maximum bid by selecting an amount from the ‘Place Max Bid’ dropdown menu, if applicable.

    Once submitted, all bids are final and cannot be amended, reduced, retracted or revoked. Rubix is not responsible for any errors you make in bidding. RubiX reserves the right to disregard any egregious errors and reject all such bids.

    By participating in the online-only auction, you also represent and warrant that any bids you place, whether on your behalf or on behalf of others, are not the product of any collusive or other anti- competitive agreement and are not unlawful or otherwise inconsistent with federal, provincial and state antitrust law.

    By placing a bid in the online-only auction, you accept personal liability to pay the Purchase Price, as described more fully in Paragraph 7 below, plus all other applicable charges unless it has been explicitly disclosed that you are a director, a shareholder or an authorized signatory acting on behalf of a corporate entity before the commencement of the online-only auction and that we are able to verify the identity of such person and corporate entity and that you have agreed that we will look to the principal for such payment.

  3. Winning bids
  4. At the close of the timed online-only auction, the highest bid accepted on the NFT will be the successful bid and that bidder will become the buyer of the NFT, unless special circumstances require Rubix or Nissan to exercise their discretion.

    A contract for sale of the NFT is formed between the Seller of the NFT and the highest bidder on the NFT at the time the online-only auction closes, and the buyer will enter into the Smart Contract with the seller at the time of the winning bid.

    You are solely responsible for reviewing the terms of the Smart Contract prior to your purchase.

    Winning bidders will be notified and contacted by email after the online-only auction has closed.

  5. Staff bidding prohibited
  6. Employees of Rubix and of our affiliated companies may not participate in real time in the online-only auction.

6.CONDUCT OF THE ONLINE-ONLY SALE

  1. Reserves
  2. Rubix may, at our discretion, and provided notice is given to bidders, choose to apply a reserve for the NFT.

  3. Actions Rubix Can Take
  4. Rubix may take such actions as it reasonably considers appropriate to ensure the online-only auction runs smoothly in accordance with legal obligations. Such actions may include but are not limited to:

    1. refusing to accept any bid on the NFT where Rubix reasonably considers it appropriate to do so
    2. restarting the bidding on the NFT where Rubix reasonably considers it appropriate to do so
    3. withdrawing the NFT from the online-only auction
    4. reopening or continuing the bidding even after the hammer has fallen; and
    5. in the case of an error or dispute and whether during or after the online-only auction, Rubix may continue the bidding, determine the successful bidder, cancel the sale of the NFT, or reoffer and resell the NFT.

    If you believe that Rubix has accepted the successful bid in error, you must provide a written notice detailing your claim within one (1) business day of the date of the online-only auction of the NFT. Rubix will consider such claim in good faith. If in the exercise of our discretion under this paragraph, Rubix decides after the online-only auction is complete, to cancel the sale of the NFT, or reoffer or sell the NFT, we will notify the successful bidder no later than the seventh (7th) calendar day following the sale of the NFT. Rubix decision in the exercise of this discretion is final. This paragraph does not in any way prejudice Rubix’s ability to cancel the sale of the NFT under any provision of these Auction and Vehicle Acceptance Terms and Conditions, including any other rights of cancellation set forth herein or under applicable law.

    Rubix has no liability to bidders or buyers for any such actions which it may take during the online-only auction. If any dispute arises after the online-only auction, our sale record is conclusive.

  5. Currency
  6. The online-only auction will be conducted and invoiced in US dollars (USD), and all payments are due in either USD or in Ether.

    Each bidder will be responsible for conducting their own U.S. Dollar to Ether cryptocurrency conversion throughout the online-only auction and at the time of each of their bids, and you acknowledge and agree that Cryptocurrency rates fluctuate regularly and the conversion rate may change during the course of the online-only auction and you are responsible for the payment of a winning bid at the rate of exchange at the time of the winning bid of the online-only auction, and not at a previous rate of exchange.

    If you choose to make a payment for the NFT using Ether, you must pay an amount of Ether that is of equivalent value to the US dollar Purchase Price of the NFT, with the conversion rate for US dollars into its Ether equivalent to be fixed at the time of the winning bid, and to be set by Coinbase.

    For the benefit of international clients, bidding in the online-only auction may also be shown in other major traded currencies and, if so, will reflect approximate exchange rates. Any currency conversions displayed should be treated only as a guide. Rubix cannot be bound by any rate of exchange shown by the currency calculator and is not responsible for any error, omission or failure in providing these services.

    You acknowledge and agree that the price of Ether, as with other cryptocurrencies, can be volatile and subject to upward and downward movements. The Ether price to be paid by the buyer shall be fixed at the Ether Price at the date and time of the winning bid at the online-only auction, and buyer’s payment of the Purchase Price, and all other associated fees, must be transferred by the buyer from buyer’s digital wallet to Rubix’s digital wallet within 24 hours of your receipt of Rubix’s invoice for the purchase of the NFT, which invoice will include a QR code along with an address to Rubix’s digital wallet, to transfer the Purchase Price and all other associated fees to Rubix’s digital wallet.

    Where buyer chooses to pay the Purchase Price and all other associated fees in USD, buyer shall pay the Purchase Price within 24 hours of the time of the winning bid at the online-only auction.

    Should you exercise a cancellation right pursuant to Paragraph 10 below or should Rubix cancel the sale of the NFT pursuant to Paragraph 11 below, you understand and agree that any such right to a refund of the Purchase Price will be subject to Ether price fluctuations and may result in the refund due to you in Ether differing from the amount of Ether paid by you upon purchase to meet the Purchase Price, depending upon the Ether price valuation at the date of online-only auction and the respective Ether price as at the date of the refund to you. The amount of any refund due to you will be the amount of USD set as the Purchase Price at the online-only auction, and the amount of Ether due to you if your payment was made in Ether, will be the amount of Ether equal to the USD Purchase Price, at the time of the refund, but in no circumstance will you be entitled to receive any appreciation on the value of the Ether that you provided to us as payment in connection with a refund.

    Once you initiate an Ether transaction, the transaction cannot be reversed; this is inherent in the nature of the Ether network and not a policy set by us. You are responsible for verifying that you have input the correct Ether address into the recipient field and the correct Ether amount into the amount field in your digital wallet software.

  7. If the NFT is not sold
  8. If the NFT is not sold during the online-only auction, then the NFT will be deemed to have been “passed,” “withdrawn,” “returned to owner” or “bought-in.”

    Any post-online-only auction sale of the NFT will incorporate these Auction and Vehicle Acceptance Terms and Conditions as if sold in the online-only auction unless the buyer and Rubix agree otherwise in writing.

7.PURCHASE AND PAYMENT

  1. Calculating the Total Purchase Price
  2. If you are the successful bidder and buyer of the NFT, you agree to pay us the Hammer Price of the lot, inclusive of any and all applicable sales tax (the “Purchase Price”).

    The "Hammer Price" is the final, highest bid accepted for the NFT when Rubix closes bidding during the online-only auction

  3. Sales Tax
  4. Sales tax, use tax and excise and other taxes, including any taxes applicable to the sale or purchase of NFTs and/ or the use of cryptocurrencies, are payable in accordance with applicable law, and you further acknowledge and agree that it is your responsibility to pay any sales taxes that are due on the purchase of the NFT whether arising but not collected at the time of sale or applicable through retroactive and applicable legislation. All prices, fees, charges and expenses set out in these Conditions of Sale for Online-Only Auctions are quoted exclusive of applicable taxes.

  5. Resale Royalties
  6. The NFT and any further versions of the Artwork generated by the NFT (“Children”) are subject to resale royalties on any subsequent resales of the NFT. On any subsequent resale of the NFT or Children, the successful bidder and buyer of the NFT at the online auction may be obligated on Seller’s behalf to collect and remit to Seller resale royalties as applicable equal to 10% of the sale price of the NFT, the Artwork or the Children sold. Other resale royalties and transaction duties imposed by law may also apply in relation to such resales.

  7. Payment
  8. You are required to pay for the purchased NFT immediately following the close of the online-only auction. Payments must be made to Rubix by the invoiced party in US dollars, or the correct equivalent amount in Ether cryptocurrency at the time specified above, either by check drawn on a US bank, wire transfer, or transfer of Ether to a specified digital wallet as follows:

    1. Personal checks and banker’s drafts are accepted if drawn on a US bank and the buyer provides to us acceptable government-issued identification. Checks and banker’s drafts should be made payable to “Rubix.” If payment is sent by priority courier service, please send the check or banker’s draft to the attention of the and make sure that the sale and lot number is written on the check. Checks or banker’s drafts drawn by third parties will not be accepted.
    2. Payment by wire transfer may be sent directly to Rubix. Bank transfer details: Please reference the relevant sale and lot number.
    3. Title in the purchased NFT will not pass until Rubix has received the Purchase Price for the NFT in full and cleared funds. Rubix is not obliged to release the NFT to you until title in the NFT has passed and appropriate identification has been provided, and any earlier release does not affect the passing of title or your unconditional obligation to pay the Purchase Price.
    4. Where payment in Ether is chosen, we will accept payment for the Purchase Price and all amounts due under Paragraph 7 via a digital wallet transfer of Ether to Rubix. You are responsible for payment, in addition to the Purchase Price in full, of any and all transfer fees associated with your transfer of the Purchase Price from your digital wallet to Rubix’s digital wallet. Payment must be sent from a digital wallet registered to you as an individual, or in the name of the company you have registered to bid as, and maintained with one of the following digital wallets: Coinbase Custody Trust; Coinbase, Inc.; Fidelity Digital Assets Services, LLC; Gemini Trust Company, LLC; or Paxos Trust Company, LLC, and you agree to provide documentation confirming all of the above upon our request.
    5. Rubix will not accept partial payments for the NFT from multiple digital wallets or payments in cash or by credit card.
    6. To transfer title to you of the NFT, Rubix will transfer the NFT to the digital wallet that you have specified, after you have met the conditions in paragraph 7 herein. You agree that we may require you to follow a security protocol to ensure that the NFT is safely received by you. You agree to utilize a digital wallet as set forth above, and for which you, or the company you have registered to bid, have title and can support the NFT.
    7. You understand and agree that failure to comply with these conditions may result in a failure to access your NFT.
    8. You understand and acknowledge that not all digital wallets support storage of a nonfungible token, and that you must hold title to a digital wallet that supports storage of ERC721 tokens and this NFT, and you must provide Rubix with the correct digital wallet information, in order for us to transfer the NFT to you. You further understand and acknowledge that where the buyer is to pay the Purchase Price in USD, buyer must still hold title to and provide to us the information to a digital wallet in the name of the buyer, for us to transfer the NFT to the buyer upon payment of the Purchase Price, and this digital wallet must comply with the above.

8.DELIVERY

  1. NFT
  2. Rubix will not release the NFT to you as the buyer until we have received payment of its Purchase Price in full and cleared funds, you have paid all outstanding amounts due to Rubix, including any charges payable pursuant to these Auction and Vehicle Acceptance Terms and Conditions, and you have satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or antiterrorism financing checks.

    Risk will transfer to you immediately upon Rubix transfer of title of the NFT to you by sending it to your digital wallet, and you are thereafter responsible for secure storage of the NFT in the wallet or other storage mechanism you use to receive and hold the NFT, and you further acknowledge that you are solely responsible for any risk associated with the NFTs such as transferring, creating, holding, storing, or using NFTs or a digital wallet, and Rubix will not be responsible for any such risks or losses.

  3. GT-R
  4. The GT-R will not be gifted to you until we have received payment of the Purchase Price of the NFT in full and cleared funds and you have paid all outstanding amounts due to Rubix, including any charges payable to these Auction and Vehicle Acceptance Terms and Conditions, you have accepted the gift and you have satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or antiterrorism financing checks.

    The successful bidder agrees that delivery of the GT-R will be made at a third-party authorized Nissan dealership located in Canada, only. Before delivery of the GT-R, the successful bidder shall register the vehicle in their name with the appropriate provincial vehicle registration authority and pay all registration fees related thereto. Certain terms and conditions related to visiting the Nissan dealership may vary by location.

9.REMEDIES FOR NON-PAYMENT

Without prejudice to any rights the Seller may have, if you fail to pay the Purchase Price for the NFT in cleared funds within 7 (seven) days of the date the close of the online-only auction, we may in our sole discretion exercise one or more of the following remedies:

  1. store the NFT in Rubix’s digital wallet or elsewhere at the buyer’s sole risk and expense
  2. cancel the sale of the NFT, retaining any partial payment of the Purchase Price as liquidated damages
  3. reject future bids from the buyer or render such bids subject to payment of a deposit
  4. charge interest at 12% per annum from the date payment became due until the date the Purchase Price is received in cleared funds
  5. resell the NFT by auction or private sale, with estimates and a reserve set at Rubix’s reasonable discretion, it being understood that, in the event such resale is for less than the original Hammer Price for the NFT, the buyer will remain liable for the shortfall together with all costs incurred in such resale
  6. commence legal proceedings to recover the Hammer Price for the NFT, together with interest and the costs of such proceedings
  7. set off the outstanding amount remaining unpaid by the buyer against any amounts which we or any of our affiliated companies may owe the buyer in any other transactions
  8. release the name and address of the buyer to the Seller to enable the Seller to commence legal proceedings to recover the amounts due and legal costs; and/or
  9. take such other action as we deem necessary or appropriate

As security to us for full payment by you of all outstanding amounts due to Rubix, Rubix retains, and you grant to us, a security interest in the NFT purchased at auction by you. Our security interest in the NFT will terminate upon actual delivery of the NFT to you or your agent.

In the event you are in default of payment to any of our affiliated companies, you also irrevocably authorize Rubix to pledge your property in our possession by actual or constructive delivery to affiliated us as security for the payment of any outstanding amount due. Rubix will notify you if your property has been delivered to an affiliated company by way of pledge.

10.EU CONSUMER RIGHTS DIRECTIVE

  1. Your Right to Cancel the Purchase of the NFT
  2. If you are a consumer habitually residing in the European Union and the Seller of the NFT is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days of the date the NFT was sold to you.

    If you qualify for the cancellation right and wish to exercise it, you must notify us in writing within 14 days of the date the NFT was sold to you (“Cancellation Period”). If, however, you accept the transfer of the NFT, you agree that you will no longer have the right to cancel the sale under the terms of this paragraph.

    Your written notice should be sent within the Cancellation Period by post to RubiX Network AG, Grafenauweg 8, 6300 Zug Switzerland. The notice should state your name, residential address, contact details, invoice number, Rubix account number, description of the property and the date of the sale and that you wish to exercise the EU Consumer Rights Directive cancellation right.

    You agree that exercise of your cancellation right entails your renunciation of acceptance of the GT-R.

11.RUBIX’S RIGHT TO CANCEL THE SALE OF THE NFT

Rubix has the right, to cancel the sale of the NFT if we reasonably believe:

  1. there is a material breach of the Seller’s representations and warranties
  2. a third-party claim to ownership or title in the NFT is made; or
  3. other just cause exists.

Upon notice of Rubix election to cancel the sale, the buyer will promptly return the NFT to Rubix’s digital wallet, and we will then refund the Purchase Price paid by you pursuant to the terms set forth in Paragraph 6(c) above. You agree that cancellation of the sale of the NFT entails your renunciation of acceptance of the GT-R. The refund will constitute the sole remedy and recourse of the buyer against Rubix and the Seller with respect to such cancelled sale.

12.PRIVACY

  1. You acknowledge and understand that we may process your personal data (including potentially special category data) in accordance with our privacy policy from time to time. You expressly allow us to share and transmit your personal data to Nissan for the purpose of transferring ownership and delivery of the GT-R.
  2. Our privacy policy sets out:
    1. the types of personal data we will or may collect and process
    2. the purposes for which we will or may process your personal data (including for example the provision of auction, private sale and related services; the performance and enforcement of these terms and conditions; the carrying out of identity and credit checks; keeping you informed about upcoming auctions, exhibitions and special events; and generally where reasonably necessary in the management and operation of our business)
    3. the lawful bases on which we rely in undertaking our processing of your personal data
    4. your rights in respect of our processing of your personal data; and
    5. various other information as required by applicable laws.
  3. Your communications with Rubix, including online (e.g. on-line bidding) may also be recorded for security, client service and bid monitoring purposes. Where we record such information we will process it in accordance with our Privacy Policy.

13.LIMITATION OF LIABILITY

  1. Subject to sub-paragraph (e) below, the maximum amount of any liability of Rubix and the Seller to the buyer in connection with the sale of the NFT shall be limited to the Purchase Price actually paid by the buyer for the NFT.
  2. Except as otherwise provided in this paragraph, none of Rubix or the Seller (i) is liable for any errors or omissions, whether orally or in writing, in information provided to prospective buyers by Rubix; or (ii) accepts responsibility to any bidder in respect of acts or omissions, whether negligent or otherwise, by Rubix in connection with the conduct of the auction or for any other matter relating to the sale of the NFT.
  3. All warranties, express or implied, including any warranty of satisfactory quality and fitness for purpose, are specifically excluded by Rubix, our affiliated companies and the Seller to the fullest extent permitted by law.
  4. Subject to subparagraph (e) below, none of Rubix, or the Seller shall be liable to the buyer for any loss or damage beyond the refund of the Purchase Price referred to in subparagraph (a) above, whether such loss or damage is characterized as direct, indirect, special, incidental or consequential, or for the payment of interest on the Purchase Price to the fullest extent permitted by law.
  5. No provision in these Auction and Vehicle Acceptance Terms and Conditions will be deemed to exclude or limit the liability of Rubix to the successful bidder in respect of any fraud or fraudulent misrepresentation made by any of us or in respect of death or personal injury caused by our negligent acts or omissions.

14.COPYRIGHT

The copyright in all images, videos, illustrations and written materials produced by or for Rubix relating to the NFT, including the contents of the online catalogue and sale particulars, is and shall remain at all times the property of Rubix and such images and materials may not be used by you or any other party without our prior written consent.

Copyright in the Artwork and Children shall remain with the Seller. Rubix and the Seller make no representations or warranties that the buyer of the NFT will acquire any copyright or other reproduction or derivate works rights, or rights to commercial use in the NFT or the Artwork or Children.

15.GENERAL

  1. These Auction and Vehicle Acceptance Terms and Conditions (as may be amended from time to time) set out the entire agreement between Rubix acting as agent for the Seller of the NFT and registered bidders and buyers of the NFT in the online-only auction and supersede all prior and contemporaneous written, oral or implied understandings, representations and agreements.
  2. Notices to Rubix must be in writing, quoting the sale or auction reference. Notices to clients will be in writing and addressed to the last address notified by those clients to Rubix.
  3. These Auction and Vehicle Acceptance Terms and Conditions are binding on registered bidders and buyers and are not transferable by them to any other person, including their successors, assigns or representatives. Rubix may transfer its rights to other companies within the Rubix group from time to time.
  4. If any of these Auction and Vehicle Acceptance Terms and Conditions is found to be void, invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect. No failure or delay by any party to exercise any right or remedy under these Auction and Vehicle Acceptance Terms and Conditions will act as a waiver or release of that right or remedy in whole or in part.

16.LAW AND JURISDICTION

  1. All matters arising out of or relating to these Auction and Vehicle Acceptance Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).
  2. Any legal action or proceeding arising under these Terms will be brought exclusively in the Supreme Court of the Province of Ontario and we and you irrevocably consent and attorn to the personal jurisdiction and venue there.
  3. All bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by the laws of the Province of Ontario and the federal laws of Canada applicable or the law of the place of service, at the last address of the bidder or Seller known to Rubix.

17.FURTHER ACKNOWLEDGEMENTS AND REPRESENTATIONS APPLICABLE TO NONFUNGIBLE TOKEN TRANSACTIONS

The online-only auction offers for sale an NFT which is encrypted with an artist’s signature to verify the rightful owner and authenticity of the original digital file to which the NFT relates through the use of blockchain encryption. Upon transfer of the NFT to the buyer and completion of payment in full as set out in these Auction and Vehicle Acceptance Terms and Conditions, Rubix will transfer to buyer the ownership right to the NFT and Nissan will gift the GT-R. For the avoidance of doubt, Rubix is not selling any ownership rights to the digital artwork file related to the NFT and Rubix and Nissan are not selling any ownership rights to the GT-R; Rubix is only selling the ownership rights to the NFT and Nissan is gifting the successful bidder the GT-R. Where the sale and purchase of an NFT is involved, you understand and agree that:

  1. NFTs are not issued, minted or tokenized by Nissan; Rubix is acting as Nissan’s agent to issue and offer the NFT for sale at the online-only auction, and for potentially storing the NFT during the online-only auction and prior to transfer to the buyer
  2. Rubix does not make any representations or warranties as to the following
    1. the characteristics of the Artwork other than what is represented in the NFT’s code, i.e. the Smart Contract
    2. the behavior and performance of the Artwork and the NFT, including without limitation its replication process and activity, dates on which replications may occur, potential jams and replications arising from jams, and the quantity, value, condition or originality of such replications
    3. the uniqueness of the Artwork
    4. the authenticity of the Artwork, which you are responsible for reviewing and understanding all blockchain technology and encryption mechanisms to verify yourself
    5. the ability or inability of the Artwork, or of the Children, to generate or produce derivative NFT digital files (resulting from the NFT’s potential programmable nature to create derivative works); or the characteristics, number of potential replications (not only from the Artwork but from any of the Children), behavior, or authenticity of any such derivative NFT digital files; however, all ownership rights to such derivative works will also be transferred to the buyer pursuant to the payment terms set out in these Conditions of Sale
  3. in offering the NFT for sale neither Rubix nor Nissan are providing financial or investment advice and you acknowledge and understand that the value of cryptoassets can fluctuate considerably and may go up or down
  4. Rubix and Nissan do not represent or warrant
    1. that an NFT is reliable, compatible with your or others’ computer systems up-to-date or error-free, compatible with your digital wallet; meet your requirements, or that defects in the NFT will be corrected
    2. that an NFT or the delivery mechanism for NFT are virus-free or free of other harmful components
    3. the accuracy or reliability of any simulation or videos depicting the intended performance of the Artwork whether that is displayed on Rubix.com or on any other platform
  5. Rubix is only selling the ownership rights to the NFT and in no way is Rubix associated with or responsible for any resales or secondary market sales of any derivative works generated by the NFT, the Artwork or the Children. Any such sales will be conducted on a platform to be decided and identified by the seller and in no way is Rubix in control of or responsible for any such sales
  6. Rubix does not own any rights to the NFT
  7. Transfer of ownership in an NFT will only transfer those property rights to the digital file tokenized by the NFT
  8. Transfer of ownership to an NFT will not transfer any intellectual property rights to the Artwork or to the Children to which the NFT relates; and in no way will transfer any property rights in the Artwork or the Children, other than the right to display such Artwork or Children
  9. Transfer of ownership to an NFT will not guarantee continuing access to the digital file to which it relates and you further acknowledge and agree to the risks associated with purchasing, using, transferring, and owning NFTs, including, but not limited to, risk of losing access to NFT due to loss of private key(s), custodial or buyer error, hacking, security breaches or mining attacks, regulatory interference in one or more jurisdictions, token taxation, personal information disclosure, uninsured losses, and other unanticipated and volatility risks
  10. You have the necessary understanding regarding NFTs, token wallets and other storage mechanisms, cryptocurrencies such as Ether and their usage, storage, functionality, programming, and any other of their material characteristics, as well as blockchain technology and software systems, to fully understand and agree to these Conditions of Sale and all risks outlined herein
  11. You have carefully reviewed the terms and code of the Smart Contract in relation to the NFT for sale, and you fully understand the terms and the functionality of those terms
  12. Any payment made by you in Ether for the purchase of the NFT will be made from a wallet to which you have title and Rubix shall have no liability for any payment made that is unsuccessfully transmitted to Rubix due to a failure of the NFT wallet system, and you shall bear all responsibility in confirming that any such payment has reached Rubix
  13. You are solely responsible for determining and remitting any additional taxes outside of Canada, if any, that may apply to your purchaseof an NFT and the gift of the GT-R. Neither Rubix nor Nissan are responsible for determining the taxes that apply to your purchase of an NFT
  14. There are risks associated with the use of internet-based currency such as Ether, including but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Rubix will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when participating in the online-only auction, and/or in purchasing the NFT, however caused
  15. You acknowledge that the characterization and regulatory scheme governing NFTs, cryptocurrencies, and blockchain technology may be uncertain and undetermined in your jurisdiction. You further acknowledge that new regulations or policies may materially adversely affect the online-only auction, the NFT or the value of cryptocurrency
  16. NFTs are provided on an "as is" and "as available" basis without warranties or guarantees of any kind, and we expressly disclaim all implied warranties as to, and liability with respect to, the NFTs implied warranties of merchantability, fitness for a particular purpose, title, non-infringement description, size, quality, condition, attribution, authenticity, rarity, importance, medium, and provenance of the NFT; and
  17. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL RUBIX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) ERRORS SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE NFT ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF NFTs OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY; AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF RUBIX WHETHER IN CONTRACT, WARRANTY, TORT OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE CONDITIONS OF SALE OR OWNERSHIP OF NFTs, EXCEED THE AMOUNT YOU PAY TO RUBIX FOR THE NFT

  1. NFT
  2. Rubix will not release the NFT to you as the buyer until we have received payment of its Purchase Price in full and cleared funds, you have paid all outstanding amounts due to Rubix, including any charges payable pursuant to these Auction and Vehicle Acceptance Terms and Conditions, and you have satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or antiterrorism financing checks.

    Risk will transfer to you immediately upon Rubix transfer of title of the NFT to you by sending it to your digital wallet, and you are thereafter responsible for secure storage of the NFT in the wallet or other storage mechanism you use to receive and hold the NFT, and you further acknowledge that you are solely responsible for any risk associated with the NFTs such as transferring, creating, holding, storing, or using NFTs or a digital wallet, and Rubix will not be responsible for any such risks or losses.

  3. GT-R
  4. The GT-R will not be gifted to you until we have received payment of the Purchase Price of the NFT in full and cleared funds and you have paid all outstanding amounts due to Rubix, including any charges payable to these Auction and Vehicle Acceptance Terms and Conditions, you have accepted the gift and you have satisfied such other terms as we in our sole discretion shall require, including completing any anti-money laundering or antiterrorism financing checks.

    The successful bidder agrees that delivery of the GT-R will be made at a third-party authorized Nissan dealership located in Canada, only. Before delivery of the GT-R, the successful bidder shall register the vehicle in their name with the appropriate provincial vehicle registration authority and pay all registration fees related thereto. Certain terms and conditions related to visiting the Nissan dealership may vary by location.

TO BE PROVIDED BY RUBIX

(Nissan and RubiX Network Inc. reserve the rights to declare auction incomplete and withdraw the object on auction if the minimum estimated price for auction is not realised)

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