Being a prospective Buyer, I hereby acknowledge that I will receive sensitive information from Interbiz Business Brokers pertaining to the sale of the Business as outlined above (hereafter called “The Business”). As a condition of my being furnished with such information, I agree to treat any information concerning the Business in the strictest of confidence.
The provisions for this agreement is set out below:
You are welcome to view listings on our various websites without providing personal information, however, should you wish to be provided additional details, you will be required to submit personal identifiable information by completing our Confidentiality Agreement located on our websites.
Use of your personal information
(a) I recognise and acknowledge the competitive value and confidential nature of internal, non-public financial and business information now and hereafter furnished to me or obtained by me from you or your representatives relating to the business as well as the damage which could result to the business if any of this information is disclosed to any third party.
(b) I agree that the material will be used solely for the purpose of the possible Purchase of the Business and that neither I or my Directors, Officers, Employees or my Representatives will not disclose to any third party any of the material now or hereafter received or provided however, that any such information may be disclosed to my Accountants, Solicitors and other Advisors who need to know such information for the purpose of assisting me in me consideration of this Purchase, who will be advised by me of the confidential nature of such information.
(c) In addition, without the prior written consent of the Seller or it’s Agent, I will not, and nor will my Representatives or my Advisors disclose to any person either the fact that the discussion or negotiations are taking place concerning the possible Purchase, including the status thereof except as I may be required by law. Furthermore, no disclosure or information will be sought from any person or the staff of the Business without prior notification.
(d) In the event, that I do not proceed with an Offer to Purchase which is the subject of this Agreement within a reasonable time, I shall promptly redeliver to you all written material and any other written material containing or reflecting any information in the material and will not retain any copies, extracts or other reproductions in whole or in part of such written material. All documents, memoranda, notes and other writings whatsoever prepared by me or my advisors based on the information in the material shall also be returned to you unless you agree that they may be retained, in which case they shall be kept confidential and not used by me or given to any third party for any purpose.
(e) In the event that the possible Purchase contemplated by this Agreement shall not proceed, neither I nor my representatives shall use any of the non-public information now or hereafter received or obtained from the Seller (or any related entity) with respect to any of the property or affairs of the Seller in furtherance of my Business (except in negotiations of this transaction), or the business of anyone else whether or not in competition with the business or for any other purpose whatsoever, and I further agree that I will not solicit or entice away from the business or any related entity any person who was an employee of the business or any related entity at any time during the period during which I receive the material for a period of two years from the date of this Agreement.
(f) All materials furnished to me by you after the date hereof shall be subject to the terms of this Agreement.
(g) The provisions of this Agreement shall be binding upon me. I will procure that all of my subsidiary and affiliated companies comply with the provisions of this letter as if they were bound by those provisions. This Agreement shall be governed and construed in accordance with the Laws of Queensland and I submit to the jurisdiction of the courts exercising jurisdiction in that state.
(h) I recognise and acknowledge the herein stated business was introduced to me by the Seller’s Agent, Interbiz Business Brokers and agree that all dealings shall be through the Seller’s Agent only.
(i) As potential Buyer I am in breach of this Agreement and purchase either directly or indirectly this business from the Seller the business, then I as the Buyer will be responsible for any loss of commission due to Interbiz Business Brokers. As, a potential Buyer I am in breach of this Agreement, I undertake to indemnify Interbiz Business Brokers in full against any actions, proceedings, claims, costs, demands or loss which you may suffer as a consequence of that breach. I represent my interest in the possible Purchase is as principal only. I acknowledge that by submitting this Agreement, I agree to hold all matters strictly confidential, and to abide by all the terms and conditions of this Agreement as stated above.
(j) DISCLAIMER. I, as the Recipient acknowledge and agree that; Interbiz Business Brokers, for themselves and for the Sellers of this business or any other business introduced to me for whom they act, give notice that as an intending Buyer, I should satisfy myself as to the truth and accuracy of all information given, by my own enquiries.
No person in the employment of Interbiz Business Brokers has any authority to make or give any representation of warranty whatsoever in relation to information provided about this or any other business. The authors and copyright holders recommend that any decisions made on the basis of information provided on businesses should be made only after validating the conclusions set out here with an Accountant, Financial Planner or a qualified Tax Adviser, and on the basis of commercial judgement.
(k) Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 5 of the Electronic Transactions Act 2002.I
I/we represent my/our interest in the possible Acquisition is as principal only. I/we acknowledge that by agreeing to this confidentiality agreement, I/we agree to hold all matters strictly confidential, and to abide by all the terms and conditions as stated above.