Terms and Privacy Policy

Introduce


These NFT Terms ("NFT Terms") apply to AseanKOC Limited. ("Issuer").
Sales through the Issuer's website, third-party websites, and blockchain-based applications (all of the preceding and functionality associated in addition to that), are collectively referred to as the "Platform" for Non-Fungible Tokens (“NFTs"). The issuer (sometimes referred to herein as "we" or "our") may sell the NFT to its initial purchaser, and to the initial purchaser of the NFT and subsequent assignees (sometimes referred to herein as "our") you" or using similar terms), including but not limited to access to the Platform, provided that you accept these NFT Terms. These NFT terms are a binding contract between you and us. Your purchase, acquisition, and/or possession of NFTs through the Platform constitutes your full and unconditional agreement to the terms of these NFTs. We may update these NFT Terms by making new versions available online, and you will continue to use the Platform after any such update constitutes your binding acceptance of such changes. If you fail to comply with any NFT terms, we may immediately terminate our contract with you and your access to the Platform and any NFTs. Please read these NFT terms carefully before using the Platform. These NFT Terms will govern your use of the Platform unless we have entered into a separate written agreement with you for this purpose or provide specific terms. The Platform will only be available for your continued use if you accept all of these NFT terms.
If you accept these NFT terms on behalf of a company or other legal entity, you have the legal authority to accept these NFT terms on behalf of that entity, in which case "you" will refer to that entity. If you do not have such authority or do not accept all of these NFT terms, we will not be able to provide you with the Platform. If you do not agree to these NFT terms, you may not be able to access or use the Platform.
By entering, accessing, browsing, submitting information, or otherwise using the Platform or any portion thereof, you confirm that you understand and agree to be bound by the NFT Terms, and you represent and warrant that you are eighteen (18) years of age or older.


1. NFT purchase and ownership


1.1 NFTs we provide:


may include additional functionality, content, or subscription access to goods, services, and experiences where expressly stated in the description of such NFT;
It may be unique, part of a limited series, or may only be redeemed once;
may include the ability to receive goods, services, and experiences that may be unique or part of a limited collection or that can only be redeemed for a specified quantity or quantity of goods, services, and experiences;
maybe subject to additional terms or qualifications described in the NFT description; and applicable laws in effect from time to time.


1.2 Ownership of NFTs


"Own" means your right to NFTs purchased or otherwise legally acquired from legitimate sources, with proof of such purchases recorded on the applicable blockchain. For any NFT you own, you may hold the NFT according to any description that accompanies the NFT. Issuers may, at their option, use third-party platforms or wallet extensions (which may be owned or operated by third parties) to sell NFTs ("Third Party Sites"). You must agree to abide by any applicable terms of service or privacy policy that apply to your use of any third-party website
Unless otherwise stated in the description of the applicable NFT, the NFT you own will be transferable, but the terms of these NFTs will bind any assignee. The NFTS we offer are utility tokens associated with unique goods, services, and experiences. You should not purchase our NFTS for investment, resale, or speculative purposes; AseanKOC cannot guarantee their present or future value, transferability, or merchantability.


1.3 Ownership of Creative Materials


You acknowledge and agree that the Publisher (or its licensors, as applicable) owns all right, title, and interest in any artwork, designs, drawings, photographs, labels, logos, badges, trademarks, trade dress, copyrights, formulas, etc. and may be related to Any other NFT-related creative materials you own (collectively, "Creative Materials"), and all intellectual property rights therein. Your rights in the Creative Materials are limited to those expressly set forth under "Intellectual Property Ownership, License, and Restrictions" below. Notwithstanding the purchase of an NFT, all rights, title, and interest in Issuer Intellectual Property (as defined below), including creative materials and other Issuer Intellectual Property, including all copyrights, contained in any NFT (including NFTs owned by you).


1.4 Risks of NFTs


Once you own any NFT, you will be responsible for any loss or damage to the NFT or inability to access the NFT, and neither the issuer nor any of its licensors shall be liable in such circumstances. You expressly understand and agree that your use of the Platform and any NFTs is at your own risk and that the Platforms and NFTs are provided "as is" and "as available."


1.5 Terms of Sale


All sales of NFTs are non-refundable once sold. Once you have purchased an NFT, you should immediately take the necessary steps to complete your transaction (e.g., activate or download any content or secure any mnemonic phrases or corresponding private keys). We encourage the use of secure offline storage for NFTs. You can buy NFTs with real or virtual/cryptocurrency, and you can use various payment methods. You may resell or otherwise transfer your NFTs as permitted by these NFT Terms


1.6 NFT Issuance


1.6.1 Fruit Party


Under the terms of these NFTs launching in May 2022, we will sell NFTs with a cap of 20,000 NFTs, each with a unique design based on the following characteristics:
Party cards, backgrounds, drum kits, drummers, guitarists, amps, beach chairs, saxophonists, umbrellas, and more, with over 200 traits. We reserve the right to issue new NFTs and related merchandise and experiences in the future.
We will reserve 400 randomly minted NFTs for our team and partners and use them for giveaways and marketing.


1.6.2 Pricing


Each NFT is priced at 1000 Matic. Buyers will be responsible for NFT minting/"gas" costs, which may incur additional sales tax.


1.6.3 Fresh Fruit Gift Box Released


Each NFT will include the right to receive two complimentary carefully selected fresh fruit gift boxes worth HKD 500.00 (including shipping to all areas of Hong Kong (including outlying islands)) and fresh fruit gift boxes (each box, "Fresh Fruit Gift Box Release"). The right to obtain the Fresh Fruit Box distribution is subject to Section 1.6.5 of these NFT Terms. Additionally, NFT owners will be entitled to further Fruit Box issuances if the issuer's established cryptocurrency fund (the "Fresh Fruit Party Fund") receives sufficient funds to cover all NFT holders receiving the Fresh Fruit Box Issuance. The sources of funding for Fresh Fruit Party are as follows:
After all 20,000 NFTs have been sold, the issuer will contribute 1 million HKD value in MATIC to the Fresh Fruit Party Fund. A 5% royalties fee will be charged for secondary sales of NFTs, the entirety of which will be donated to the Fresh Fruit Party Fund.
The additional funds obtained as a percentage of profits from fresh fruit and merchandise sales will be determined at a later date.

The Issuer does not represent or warrant that the Fresh Fruit Box Fund will receive sufficient funds to fund any Fresh Fruit Box issuance, nor that the exchange rate between Matic and other currencies will be enough to support further Fresh Fruit Box issuances. If the Fresh Fruit Box Fund does not receive sufficient funds to fund new Fresh Fruit Box releases, or the value of Matic drops such that the funds in the Fresh Fruit Box Fund can no longer fund new Fresh Fruit Box releases (regardless of these funds) whether an earlier date would suffice), the Issuer is under no obligation to fund any fresh fruit box offerings. The fruit of the Fresh Fruit Gift Box will be packaged and shipped by a partner selected by the publisher. The exact details of each Fresh Fruit Box release will be at the sole discretion of the Fresh Fruit Box partner and Issuer, and NFT holders will accept no returns or exchanges.


1.6.4 Redemption Process


For each Fresh Fruit Gift Box, the Issuer will publicly announce the Fresh Fruit Gift Box's claim window (the "Go Live" date). NFT holders must declare their right to receive the Fresh Fruit Box issue by the date specified by the Issuer (the "Claim Deadline"). The period between the launch date and the claim deadline will be referred to as the "Redemption Period").
Each Fresh Fruit Box release's exact date and time will be announced in the Announcements section of the publisher's Discord channel at http://discord.gg/J6eNKPEhz9 and the publisher's Instagram channel at https://www.instagram.com/fruitpienft/ and via the publisher's email list. The monthly window periods for receiving fresh fruit gift boxes are as follows:

Claim period A
Application window period: 03th to 05th of each month
ADelivery date: delivery on the 15th of each month

Claim period B
Application window period: 18th to 20th of each month
Delivery date: delivery on the 28th of each month

Issuers are not obligated to notify NFT owners by any other means other than the above
Before each redemption period, the issuer will take a snapshot of all wallets holding NFTs. You are only entitled to the Fresh Fruit Box if you are the owner of the NFT at the time of the snapshot. If you purchase NFT after the snapshot, you will not be entitled to the applicable fresh fruit gift box. To collect your Fresh Fruit Gift Box authorization, please follow the steps below: Visit the "Claim Fruit" page at http://www.fruitpie.io/fruit-rewards.
Connect the wallet you use to hold NFTs via Metamask Wallet
After connecting your wallet, you will see how many fresh fruit gift boxes you can claim based on the number of NFTs you had at the snapshot.
Enter your shipping address, and if you are picking up multiple fresh fruit boxes, you can add multiple addresses for different shipments.


1.6.5 Eligible recipients and addresses


Fresh fruit gift boxes can be shipped to any area in Hong Kong and are currently closed to other countries and regions.


2. Intellectual Property Ownership, Licensing, and Restrictions


2.1 Ownership


We (or, where applicable, our licensors) own all rights, title, and interest under the license expressly granted below.
Creative materials and all proprietary source code, object code, and other technologies related to NFTs, and All other content and materials, related applications, and the intellectual property (collectively, "Issuer Intellectual Property") are acquired through NFTs. The issuer's intellectual property may only be used for personal, non-commercial purposes related to the NFT, as expressly permitted by this NFT.


2.2 Use Restrictions.


Unless expressly stated otherwise, you should assume that all issuer intellectual property is protected by copyright, trademark, and other applicable intellectual property and may not be used except as permitted by these NFT terms without the issuer. Any other intellectual property rights may be owned.


2.3 License Grant: Platform


The Publisher grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use. You may not use the Platform for any illegal purpose. We reserve all rights to neutralize the Platform under these NFT terms not expressly granted to you


2.4 License Grant: NFTs and Creative Materials.


2.4.1 Personal Use.


Without limiting the generality of the above, and subject to your continued compliance with these NFT terms, the Issuer grants you a limited, non-exclusive, non-transferable, royalty-free license to display the creative materials of your NFTs, only for the following purposes:
for your personal, non-commercial use; or
The marketplace cryptographically verifies each NFT owner's right to display creative materials, ensuring that only the actual owner of the NFT can display innovative materials.


2.4.2. Commercial use


Without limiting the generality of the above, and subject to your continued compliance with these NFT terms, the Publisher grants you an unlimited worldwide license to use, reproduce and display the purchased artwork to create derivative works based on the creative materials ( "business use"). An example of such commercial use is innovative materials to produce and sell merchandise (T-shirts, etc.) that display copies of the innovative materials. For clarity, nothing in this section will be deemed to restrict you from
(i) owning or operating a marketplace that allows the use and sale of NFTs, provided that the market cryptographically verifies each NFT owner's right to display creative material. Have their NYFT ensure that only the actual owner can display innovative material;
(ii) own or operate a third-party website or application that generally allows NFTs to include, participate, or participate, provided that the third-party website or application cryptographically authenticates each The right of the NFT owner to display his NFT creative material ensures that only the actual owner can show the creative material, and once the owner of the purchased NFT leaves the website/app, the innovative material will no longer be visible;(iii) earn income from any of the above. Provided that the third-party website or application cryptographically verifies the right of each NFT owner to display creative materials for their NFT, to ensure that only the actual owner can show the innovative materials, and once the owner of the creative materials is no longer visible to the purchased NFT leave the website/app;
(iii) earn income from any of the above. Provided that the third-party website or application cryptographically verifies the right of each NFT owner to display creative materials for their NFT, to ensure that only the actual owner can show the innovative materials, and once the owner of the creative materials is no longer visible to the purchased NFT leave the website/app; earn income from any of the above.


2.4.3 Proprietary Notice.


In addition, you agree that you shall not remove any proprietary notices or labels on or in Issuer Intellectual Property and shall not circumvent, modify, destroy or circumvent any technology or method to deliver or protect NFTs or any other Issuer Intellectual Property.


2.4.4 Modification.


We reserve the right to modify or terminate the NFT or the Platform (or any part of any related software or application) with or without notice, provided, however, that we will use reasonable efforts to give advance notice of such action. The issuer (including but not limited to our licensors) shall not be liable to you or any third party for any modification, suspension, or termination of the NFT or the Platform or any related software, application, or functionality.


3. Terms of Service; Privacy


Using the publisher's website and proprietary applications, you are responsible for knowing, understanding, and complying with the publisher's privacy policy, located at https://www.fruitpie.io/privacy and is incorporated herein by reference. Any information you may provide to the issuer during your use of the Platform is governed by the Privacy Policy. Any information you may provide to a third-party website during your use of the Platform is governed by the third-party website's privacy policy, and your use of any third-party website included in the Platform is governed by the applicable third-party terms of service of the Party Site.


4. Termination


We may immediately terminate your access to all or any part of the Platform at any time in our sole discretion, for any reason or no reason, without notice or liability. Termination may include but is not limited to:
a. Cancellation of your access to the Platform.
b. Deletion of all account information associated with the Platform.
c. Prohibition of your further use or access to the Platform.


5. Risk-taking


You acknowledge that NFT has the following risks, and we expressly disclaim any responsibility for these risks.


5.1 Inherent risks of digital assets


There are risks associated with the use of Internet-based digital assets, such as NFTs and cryptocurrencies, including, but not limited to, threats to hardware, software, and Internet connectivity, risks introduced by malware, and risks that third parties may gain unauthorized access to those stored on your Information in Wallet. You accept and acknowledge that we are not responsible for any communication failures, interruptions, errors, distortions, or delays, however, caused, that you may experience while using the Polygon(Matic) blockchain network.


5.2 Value/Volatility/Not an Investment


The price of NFTs can be highly volatile and subjective, and NFTs have no intrinsic or intrinsic value. If there are prices or markets for blockchain assets such as NFTs, (a) those prices and markets are highly volatile, and (b) changes in the prices of other digital assets could materially and adversely affect the value of any digital asset you own, including NFT, and (c) there is no guarantee that the NFT will have or retain any value. NFTs are not securities or financial instruments and are not offered for investment purposes. The commercial or market value of NFTs may depreciate significantly for various reasons, including adverse publicity associated with the issuer.


5.3 Use of Blockchain


The platform does not store, send or receive NFTs. NFTs exist only by ownership records maintained on the platform’s backing blockchain in the Polygon(Matic) blockchain network. Any transfer of NFTs happens within the backing blockchain in the network, not on the forum. We make no promises or warranties as to the availability of the NFT or that it will host you or any other NFT in any particular location and for any specific period. Upgrades to the Polygon(Matic) blockchain, hard forks or other changes to the Polygon(Matic) blockchain, failure or cessation of the Polygon(Matic) blockchain or its underlying cryptocurrency, or changes to the way transactions are confirmed on the Polygon(Matic) blockchain could have unintended adverse effects on all blockchains using these or similar technologies, including NFTs.
We do not protect or store any data you provide to these parties concerning the Polygon(Matic) Foundation, the Polygon(Matic) Blockchain, or any other third parties related to NFTs or the platform (including any of their respective applications and services, and or to protect or store). You accept and acknowledge that we are not responsible for your inability to access your NFTs due to loss of your private key, custodial error or buyer error, mining attacks, hacking attacks, security breaches, fraud, forgery, and cyber-attacks and other reasons—technical difficulties. And the continued availability or protection or storage of any data you provide to these parties). You accept and acknowledge that we are not responsible for your inability to access your NFTs due to loss of your private key, custodial error or buyer error, mining attacks, hacking attacks, security breaches, fraud, forgery, cyberattacks, and other reasons—technical difficulties. And the continued availability or protection or storage of any data you provide to these parties). You accept and acknowledge that we are not responsible for your inability to access your NFTs due to loss of your private key, custodial error or buyer error, mining attacks, hacking attacks, security breaches, fraud, forgery, and cyber-attacks and other reasons.


5.4 Regulatory uncertainty


The regulatory regime governing blockchain technology, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of the platform ecosystem, thereby affecting the potential utility or value of your NFTs. You accept and acknowledge that we will not be responsible for the risk that regulatory regimes and new regulations governing blockchain technology, cryptocurrencies, and tokens, adverse regulatory intervention in one or more jurisdictions, or policies may adversely affect use—the value and value of NFTs


5.5 Tax calculation


You are solely responsible for determining the taxes that apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the platform or other NFT-related transactions.


5.6 General


You also acknowledge and agree that:
(a) you have obtained sufficient information to make an informed decision regarding NFTs;
(b) you are solely responsible for determining the nature, potential value, applicability, and appropriateness of these risks to yourself;
(c) ) The issuer does not represent or warrant that any NFT or its supporting systems or technology is reliable, up-to-date or error-free, or otherwise
meets your requirements, that defects in the NFT or its supportive systems or technology will be corrected, or that the NFT The delivery mechanism will be free of viruses or other harmful components;
(d) Issuer is not responsible for any communication failures, interruptions, errors, or delays you may experience in connection with NFTs


6. Anti-Money Laundering; Sanctions


You understand, acknowledge, and agree that the export, re-export, and transfer of any fresh fruit gift box delivery or other deductible elements and related services (individually "Items," collectively "Items") are subject to Hong Kong Export, Import, Customs, anti-boycott and economic sanctions laws, regulations, rules and orders (each referred to as the "Trade Control Act")


7. Disclaimer


TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES ARE PROVIDED REGARDING THE PLATFORM, ANY NFTS, OR ANY FRESH FRUIT BOX VERSION. Unless otherwise stated in writing, the Platform, the NFTS, and the Fresh Fruits Distribution are provided by Publisher, Fruitbox Partners, and other parties on an "as is" basis, without warranties of any kind express or implied, including but not limited to implied warranties. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.


8. Limitation of Liability


Except as provided by applicable law or as agreed in writing, the Publisher and Fresh Fruit Box Partners (or any licensors) shall not be liable to you or any other party for damages, including any general, special, incidental, punitive or consequential damages resulting from the use or inability to use the Platform or any of its NFTS or elements (including, without limitation, loss of data or inaccuracy or loss of data provided by you or a third party) even if you or other parties have been advised of the possibility of such damages .


9. Payments and Taxes


9.1 Cryptocurrency financial transactions on the platform


NFT holders will only make any cryptocurrency payments or financial transactions you make through the platform through the Polygon(Matic) blockchain network. We have no control over these payments or commerce and cannot reverse any payments or transactions. We do not provide refunds for any purchases you make on or through the platform, whether NFTs or anything else. Whether we accept a particular cryptocurrency as payment, we may change at our sole discretion.


9.2 Privacy.


To fulfill your Eligible Customer Order, you will provide Fruit Pie with Personal Information, and you consent to Fruit Pie. Our service providers collect, use, process, disclose, and store your Personal Information as required by Fruit Pie's Privacy Policy to process and fulfill your orders and otherwise provide the services you have requested. Fruit Pie may analyze transaction data to identify trends, statistics, and metrics that may help enhance the Merchant's customer experience and the services offered by Fruit Pie. Fruit Pie will aggregate any transactional data analyzed for these purposes and de-identified it, meaning NFT holders will remove any personally identifiable information.


9.3 Electronic Communications.


When you place an Eligible Customer Order through the Merchant Site, you communicate electronically with Fruit Pie. You agree to enter into this AgreementAgreement electronically and receive communications from Fruit Pie electronically/by email.


9.4 Modifications.


You acknowledge that Fruit Pie may change its systems, policies, and these terms and conditions. Fruit Pie will ensure that you display the current version of these terms and conditions each time you place an order for an eligible customer on the Merchant Site. Your responsibility is to review these terms and conditions each time you place a Qualifying Customer order. If you do not agree to any changes to the terms and conditions, you must not complete your order. Any orders placed after the effective date of the changes will constitute your AgreementAgreement to the changes and the current terms and conditions.


9.5 Severability.


If any or any part of these terms and conditions is found to be invalid, invalid, or unenforceable for any reason, that term or part of it will be severed. It will not affect the validity and enforceability of the remaining terms.


9.6 Litigation.


Any action or proceeding arising out of or in connection with these terms and conditions must be brought before the courts of Hong Kong. You, at this moment, irrevocably consent to the jurisdiction of the courts of Hong Kong for all such purposes.


9.7 Language.


The parties have agreed and expressly requested that this Agreement and all documents related to it be in the English language


10.1 Terms of Sale.


All sales of NFTs are final. Once you have made a purchase of an NFT, you should promptly take the necessary steps to complete your transaction (e.g., activate or download any content or secure any seed phrase or corresponding private key). We encourage the use of secure, offline storage measures for NFTs. You may purchase NFTs using real or virtual/cryptocurrency, where multiple payment options are made available to you. You may resell or otherwise transfer an NFT that you Own where this is permitted by these NFT Terms and applicable law. Any sale or transfer must provide for the transfer of all of your rights then outstanding with respect to such NFT. Anyone receiving such NFTs from you agrees to and is bound by these NFT Terms.

10.2 Value/Volatility/Not An Investment


The prices of NFTs can be extremely volatile and subjective, and NFTs have no inherent or intrinsic value. To the extent there is a price or market for a blockchain asset such as an NFT, (a) those prices and markets are extremely volatile, (b) variations in the price of other digital assets could materially and adversely affect the value of any digital assets you own, including NFTs, and (c) there is no guarantee that NFTs will have or retain any value. NFTs are not securities or financial instruments and are not offered for investment purposes. The commercial or market value of NFTs may materially diminish in value as a result of a variety of things, including negative publicity associated with Issuer. You accept and acknowledge that we will not be responsible for the risks of engaging in any transactions relating to your NFTs with third parties (e.g., transferring your NFT from a third party on any so-called “secondary market”).

10.3 Use of Blockchain.


The Platform does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain in the Ethereum blockchain network. Any transfer of NFTs occurs within the supporting blockchain in the Network, and not on the Platform. We do not make any promises or guarantees about the availability of NFTs or that it will host your or any other NFTs at any specific location and/or for any specific period of time. Upgrades to the Ethereum blockchain, a hard fork or other change to the Ethereum blockchain, a failure or cessation of the Ethereum blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including the NFTs. We do not make any promises or guarantees related to the Ethereum Foundation, the Ethereum blockchain, or any other third parties related to the NFTs or the Platform (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties). You accept and acknowledge that we will not be responsible for any loss of access to your NFTs due to loss of your private key(s), custodial error or purchaser error, mining attacks, hacking, security weaknesses, fraud, counterfeiting, cyberattacks and other technological difficulties.