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It is the recipient's responsibility to verify and confirm all information supplied by the "Licensee" NQ Business Sales, and agrees not to hold the Licensee, their agent/s and/or representatives responsible for its accuracy, liability or loss suffered by or in relation to the information contained in any business profile. The recipient understands that the agent does not investigate into the truth or accuracy of the information given, nor makes any professional or other judgment about the materials supplied by the owner as to the truth or accuracy of the information. The recipient further understands that the agent and its representatives are not investment or financial advisors; their role is to simply relay information of any business in question, as provided by the owner, in their capacity as a representative of the owner.
In consideration of the premises set forth herein and the covenants and promises hereinafter set out, the Recipient intends to be legally bound, and hereby agrees as follows:
In this Agreement, the following words have the following meanings:
Confidential Information means all information relating to the respective business, including but not limited to, Financial information, contracts, products, employees, data, ideas, manner, method or process of manufacture, techniques, marketing, names, know how, routines, and other
knowledge as gained during the process of due diligence. Recipient means a party to this Agreement to whom Confidential Information is disclosed. Owner means director/s, partner, owner or other authorised person of the business to which the confidential information relates.
NQ Business Sales, on behalf of their client ("the business owner"), will disclose the Confidential Information to Recipient as soon as practicable after the acceptance to the terms of this Agreement.
3. USE OF CONFIDENTIAL INFORMATION
3.1 Recipient must use the Confidential Information only for the Purpose of due diligence, and must not use the Confidential Information for any other purpose.
3.2 Recipient must not lodge any patent application or any other application for the statutory protection of the Confidential Information.
4. FURTHER DISCLOSURE
4.1 Recipient may only disclose Confidential Information to a solicitor, accountant or other professional person who is bound by obligations of confidentiality as a part of their profession at least to the extent imposed upon Recipient by this Agreement.
4.2 NQ Business Sales may consent to the Recipient making a disclosure to any other person subject to conditions, including a condition that the person to whom the Recipient proposes to disclose executes in favour of NQ Business Sales a Confidentiality Agreement upon the same terms as this Agreement.
5.1 Recipient must keep the Confidential Information secret and confidential.
5.2 Pursuant to 4.1 and 4.2, the recipient must not disclose to any person or make known in any manner any part of the Confidential Information.
5.3 Recipient must keep the Confidential Information in a secure place so as to ensure that unauthorised persons do not have access to the Confidential Information.
5.4 Recipient must NOT approach The owner of the business, employees, servants or contractors of or to the business for the purpose of further enquiry, solicitation of information, services or employment.
6. WRITTEN CONSENT
NQ Business Sales may relieve the Recipient from complying with the whole or any part of this Agreement. Such consent can only be in writing and must include written consent from the owner of the confidential information.
7. DURATION OF CONFIDENTIALITY
The duration of the obligations in this Agreement is two years.
8. RETURN OF CONFIDENTIAL INFORMATION
8.1 NQ Business Sales may at any time, by notice in writing to the Recipient, require the return to it of the Confidential Information.
8.2 Within 7 days of receipt of such a notice Recipient must deliver to NQ Business Sales all Confidential Information in its possession disclosed or provided by NQ Business Sales together with all copies of all Confidential Information in its possession.
8.3 Any part of the Confidential Information which cannot conveniently be returned by Recipient to NQ Business Sales shall be completely destroyed in such manner and at such time as directed by NQ Business Sales, including by deletion from all computer records and electronic or magnetic storage devices.
9. GOVERNING LAW
Proceedings may be brought, or injunctions sought, in any court of competent jurisdiction in Queensland by the owner of the confidential information for loss or damage suffered by any breech of the terms of this agreement by the recipient.
The terms stated herein apply for all businesses listed with NQ Businesses Sales without the need to regisister seperately for multiple enquiries.
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