Information Request - Confidentiality Agreement Form

Due to confidentiality & legal requirements the following Confidentiality Agreement must be read and
all 'Fields filled out'. A copy of the Agreement will be Emailed to you for your records, a copy will
be retained by this office. Upon receipt of your Agreement a Full Property Presentation will be
sent to the Email address you stipulate in the form below:-
          -Confidentiality Agreement-

In consideration of the VENDOR/PRINCIPAL and AGENT disclosing, making available or providing to me/us the identity of the business, the Business Profile, or Information Memorandum, together with any other information relating thereto, (including all financial information, marketing information, technical information and any other information or documents in whatever form relating to the business and provided by or on behalf of the Vendor to or on behalf of the intending purchaser, whether orally or in writing, is referred to as "Confidential Information").
                                        

I/We HEREBY AGREE with the AGENT and VENDOR  

1.1 to use the confidential information only for the purpose of evaluating the proposed purchase of the mentioned business/s, indicated in this agreement.         

1.2 to inform everybody to whom I/we disclose the confidential information, that it is confidential information and to obtain his/her/its agreement to keep it confidential on the same terms as this agreement.

1.3 to use such confidential information exclusively for the permitted purpose and not use the confidential information for any purpose other than the permitted purpose.

1.4 to refrain at all times whether in N.S.W. or elsewhere from disclosing or imparting to any other person or allowing or suffering any person to disclose or impart any of the Confidential Information to other persons, save that I/We may show the Confidential Agreement.

1.5 to refrain from allowing or suffering any person to inspect, view, take extracts or copy any part of the Confidential Information, save my/our professional advisers.

1.6 to return all such Confidential Information to the AGENT within seven days, if requested, or immediately should I/We decide not to purchase the business.

1.7 refrain from contacting or dealing directly with the VENDOR or visiting the premises without the express consent of the AGENT.

1.8 that unless I/we actually purchase the business, I/we agree not to make use of any of the confidential information obtained from the Vendor/Agent in my/our present or future business ventures.

1.9 that I/we assume liability for any loss or damage suffered by the Vendor/Agent for breach of the confidentiality undertaken by me/us in this deed, by my/our self or by my/our employees or agents, including for loss of reputation or for embarrassment by reason of the release of any confidential information in breach of this agreement.


ACKNOWLEDGEMENTS

I/We hereby acknowledge that:

2.1 the AGENT has pointed out that the Confidential Information provided to me/us has been provided by the VENDOR, or the VENDOR'S representatives or advisers or compiled by the AGENT from material obtained from the VENDOR or the VENDOR'S representatives or advisers, and should be checked independently for accuracy and truth.
The AGENT informed me/us that it is not possible for the AGENT to check the validity of such information and invited me/us to make my/our own inquires in relation to the financial and other data concerning the above business/s. 
The AGENT also warned me/us that any indication of past performance was in no way a warranty or representation that a new owner would be able to achieve such results in the future and advised me/us to seek independent advice as appropriate before proceeding with any purchase.

2.2 the VENDOR will suffer loss and damage from any breach by me/us of any of the duties under this agreement.

2.3 the AGENT has been solely instrumental in my/our being introduced to the Business and will suffer loss or damage if I/we contact or attempt to deal directly with the VENDOR.

2.4 the terms and conditions of this agreement shall continue to have full force and effect after the business is sold.

2.5 This Agreement is governed by and will be construed in accordance with the laws applicable in New South Wales, and is subject to the non-exclusive jurisdiction of the Supreme Court of New South Wales.