Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Farmdar Pvt. Ltd. (“Farmdar”) mobile application ‘E-SURVEY’ (“Mobile App”), which allows You to access Farmdar’s internet-delivered service from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Farmdar (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App.

This EULA governs your use of the Mobile App, as well as any services, functions, and content provided through the Mobile App (collectively “Services”).

1. LICENSE

1.1 Subject to the terms of this EULA, Farmdar grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the Mobile App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these terms; and

(b) access, stream, download, and use on such Mobile Device the Services (also defined in Schedule I hereto) made available in or otherwise accessible through the Mobile App, all strictly in accordance with this EULA and any terms and conditions associated with such Services.

2. LICENSE RESTRICTION

2.1 The Mobile App and Services are provided for your personal, non-commercial use only. You acknowledge that Farmdar reserves the right to discontinue the Mobile App and Services, in whole or in part, at any time. When using the Mobile App or Services, you agree to comply with all applicable federal, provincial, and local laws including, without limitation, copyright law. Except as expressly permitted in this EULA, by applicable law (notwithstanding the limitations below), or as Farmdar or an applicable Service Provider may expressly otherwise permit, you shall not:

(a) copy the Mobile App or Services

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile App or Services;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Mobile App or Services, or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile App or Services, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile App or Services, or any features or functionality of the Mobile App or Services, to any third party for any reason, including by making the Mobile App or Services available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile App or Services; or

(g) use the Mobile App or Services for any unlawful purpose, or in violation of any third-party rights.

3. RESERVATION OF RIGHTS

3.1 You acknowledge and agree that the Mobile App is provided under license, and not sold, to you. You do not acquire any ownership interest in the Mobile App under this EULA, or any other rights thereto other than to use the Mobile App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Farmdar and its Service Providers reserve and shall retain their entire right, title, and interest in and to the Mobile App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this EULA

4. CHANGES TO THIS EULA

4.1 Farmdar reserves the right to modify this EULA at any time and for any reason. If Farmdar makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Farmdar’s website even if these updated terms appear online at Farmdar’s website before being posted on the Mobile App. Your continued use of the Mobile App after Farmdar publishes notice of changes to this EULA indicates Your consent to the updated terms.

5. NO INCLUDED MAINTENANCE AND SUPPORT

5.1 Farmdar may deploy changes, updates, or enhancements to the Mobile App at any time. Farmdar may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.

6. APP STORES

6.1 You acknowledge and agree that the availability of the Mobile App is dependent on the third-party from whom you downloaded the Mobile App – e.g., the Apple iTunes, Google Play, or such other application store compatible with your Mobile Device (each, an “App Store”). You further acknowledge and agree:

(a) this Agreement is between you and Company and not with the App Store;

(b) the App Store is not responsible for: (i) the Mobile App, Services or; (ii) any maintenance, support services; or (C) addressing any claims relating to Mobile App, Services or Service Content (e.g., product liability, legal compliance or intellectual property infringement);

(c) you will pay the fees (if any) charged by the App Store in connection Mobile App;

(d) to comply with, and that your license to use the Mobile App is conditioned upon your compliance with, all applicable App Store terms and conditions; and

(e) the App Store (and its subsidiaries) are intended third-party beneficiaries of all terms in this Agreement applicable to the App Store (including, any restrictions on the use of the Mobile App or Services that, if violated, materially impact the rights of an App Store) and have the right to enforce them directly against you.

7. ACCEPTABLE USE

7.1 You agree that You will not use or encourage others to use the Mobile App as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.  

8. PRIVACY; COLLECTION AND USE OF YOUR INFORMATION

8.1 You acknowledge that when you download, install, or use the Mobile App, Farmdar may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Mobile App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Mobile App or certain of its the Services, and the Mobile App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Mobile App is subject to and governed by the terms of our Privacy Policy, annexed to the EULA as SCHEDULE I and which forms an integral part of this EULA (“Privacy Policy”). By downloading, installing, using, and providing information to or through this Mobile App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

9. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

9.1 By downloading the Mobile App, You authorize Farmdar to send You (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; (b) updates to the Mobile App and new features or products; and (c) promotional information and materials regarding Farmdar's products and services.  You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.

10. NO WARRANTY

10.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10.2 The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Farmdar does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.

11. LIMITATION OF LIABILITY

11.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

12. SUSPENSION AND TERMINATION OF THE MOBILE APP

12.1 Farmdar reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the App.

13. INTELLECTUAL PROPERTY RIGHTS

13.1 In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes third party’s intellectual property rights, Farmdar will have the sole right for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

14. TERMINATION

14.1 This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms

15. GOVERNING LAW

15.1 This EULA shall be governed by and construed in accordance with the laws of the Pakistan.

16. CONTACT INFORMATION

16.1 If You have any questions regarding this EULA, please contact Farmdar by email at info@farmdar.co.uk.

17. THIRD PARTY BENEFICIARIES

17.1 This EULA is executed between You and Farmdar and not between you and any other party, including Apple for iOS users and Google for Android users. Farmdar is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.

SCHEDULE I

Privacy Policy

At Farmdar Technologies Pvt. Ltd. and Farmdar Pvt. Ltd. (“Farmdar”), privacy is a priority. This Privacy Policy explains how Farmdar and its group of subsidiary companies (including, Farmdar (Pvt.) Ltd.), also referred to as “Farmdar”, “us”, “our”, and “we”) collect, use, and disclose your personal information when you access our websites, mobile applications, or services, including the following website(s) (the “Sites”):

• Farmdar.pk

• E Survey Mobile Application

• Any other Sites that Farmdar may add from time to time

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects you.

We recommend that you read this entire Privacy Policy to ensure that you are fully informed. However, by using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: Pakistan

• Device means any device that can access the Service from such as a computer whether portal or fixed, a smart phone or a digital tablet.

• Personal Data is any and all information that relates to an identified or identifiable individual, their land area or crops including but not limited to its imagery, positioning, health, water levels, etc. as provided by You to Farmdar or so extracted by Farmdar.

• Service means any one or more services provided by Farmdar to you relating to agricultural and agronomic analyses, reports, consulting services and data management and analytics including those provided through web applications, the Sites, tools, forums, or social media pages offered by Farmdar.

• Service Provider means any natural or legal person who processes data on behalf of Farmdar including but not limited to the Personal Data and the Usage Data. It refers to third-party companies or individuals employed by Farmdar to facilitate the Service, to provide the Service on behalf of Farmdar, to perform services related to the Service or to assist Farmdar in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Phone number

• Address, State, Province, ZIP/Postal code, City

• NIC

• Kissan Card number

• Land or farm location

• Geo-coordinates

• Crop type and stage of maturity

• Usage Data

Usage Data

Usage Data is collected automatically when You use the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of the mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

Farmdar allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google

• Facebook

• Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, we may collect Personal Data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Farmdar through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Farmdar permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. The technologies we use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some or all parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies.

• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Farmdar, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

Farmdar may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.

• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

• To contact You: To contact You by email, telephone calls, SMS, WhatsApp or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

• To manage Your requests: To attend and manage Your requests to Us.

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You or to undertake such ancillary or incidental measures as may be required for the provision of Service.

• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Farmdar assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users or those who are subscribing to our Service for your data, and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile. Further, Farmdar shall be free to use, abuse and exploit your Personal Data and Usage Data in any which way as they deem fit, including by sharing it commercially with local or foreign corporates, farmers, input companies such as fertilizer or pesticide manufacturers, sellers or distributors, financial institutions, insurance companies, govt entities, and ecommerce platforms.

• Without Your consent: We may disclose Your personal information for any other purpose, not specifically specified herein with Your consent.

Retention of Your Personal Data

Farmdar will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Farmdar will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at Farmdar's operating offices and in any other places where the parties involved in the processing including the Service Providers are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Farmdar will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If Farmdar is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, Farmdar may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Farmdar may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of Farmdar

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security neither will Farmdar be held liable for any losses or damages that may arise as a consequence of such leakage of Personal and Usage Data online.

Children's Privacy

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Your continued use of the Service after the posting of such notice on the Privacy Policy page shall be deemed to be your consent to such Privacy Policy, without the need for any express consent being sought from You.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: info@farmdar.co.uk

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