INNER CIRCLE 3
NON DISCLOSURE AGREEMENT
BACKGROUND
- PropertyInvesting.com Pty Ltd (“the Disclosing Party”) has agreed to disclose Confidential Information to me (“the Receiving Party”).
- The Receiving Party irrevocably agrees, in consideration for the Disclosing Party disclosing the Confidential Information to the Receiving Party, that the Confidential Information is provided to it on the terms and conditions set out below and that it will not use or disclose the Confidential Information except as provided for in this Agreement.
OPERATIVE PROVISIONS
- Confidential Information
For the purposes of this Agreement, “Confidential Information” shall mean any and all information with respect to the Disclosing Party’s and related entities training, property investment strategy, goals and techniques which the Disclosing Party discloses to the Receiving Party. - Confidentiality
The Receiving Party agrees to keep strictly confidential all Confidential Information so received by it from the Disclosing Party and to use such Confidential Information solely for its own investment and study purposes (“the Purpose”). The Receiving Party agrees that any and all Confidential Information of the Disclosing Party is and shall remain the confidential information and property of the Disclosing Party. The Receiving Party may not use any of the Confidential Information of the Disclosing Party for any purpose other than the Purpose without the prior written consent of the Disclosing Party. - Protection of Confidential Information
The Receiving Party agrees to maintain and protect any and all Confidential Information of the Disclosing Party as confidential and to prevent disclosure of such Confidential Information to any third party. The Receiving Party shall use reasonable efforts to limit the disclosure of Confidential Information to those of its employees and agents who are necessary to evaluate such Confidential Information and shall ensure that such employees and agents comply with the Receiving Party’s obligations hereunder. Where the Receiving Party proposes to disclose the Confidential Information to a partner or associate the Receiving Party will ensure that the partner or associate agreed to these terms and conditions and only uses the Confidential Information for the Purpose. - Return of Confidential Information
Upon request of the Disclosing Party, the Receiving Party shall immediately return all Confidential Information to the Disclosing Party. The return or destruction of the Confidential Information shall not release the Receiving Party from its obligations under this Agreement. - Exclusions
The Receiving Party’s obligations hereunder shall not apply to any portion of the Disclosing Party’s Confidential Information:- which was rightfully known to the Receiving Party or which was rightfully in the Receiving Party’s possession prior to its receipt from the Disclosing Party;
- which is presently publicly available or a matter of public knowledge generally;
- which is lawfully received by the Receiving Party from a third party who is or was not bound in any confidential relationship with the Disclosing Party;
- which is independently developed by the Receiving Party without relying on the Confidential Information;
- disclosure of which is necessary to comply with law or the valid order or requirement of a governmental agency, court of competent jurisdiction or stock exchange; or
- which is disclosed after receiving the Disclosing Party’s written consent.
- Required Disclosure
If the Receiving Party or anyone to whom it transmits the Confidential Information of the Disclosing Party pursuant to this Agreement becomes legally required to disclose any such Confidential Information, the Receiving Party shall provide the Disclosing Party with prompt notice so that the Disclosing Party may seek a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained, the Receiving Party shall furnish only that portion of the Confidential Information which is legally required in the opinion of the Receiving Party’s counsel. - Disclaimers
- No rights, obligations, representations or terms other than those expressly recited herein are to be implied from this Agreement.
- The Disclosing Party makes no warranty under this Agreement, express or implied, with respect to Confidential Information. In no event shall the Disclosing Party be liable to the Receiving Party for any indirect, special or consequential damages arising out of this Agreement or the use by the Receiving Party or Confidential Information.
- General
- This Agreement shall not constitute either party the legal representative or agent of the other, nor shall either party have the right or authority to assume, create, or incur any liability or obligation of any kind, expressed or implied, against, or in the name of or on behalf of the other party.
- This Agreement may not be superseded, amended or modified except by written agreement between the parties hereto, is to be made under and shall be constructed in accordance with the laws of the relevant State.
- This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof and merges any and all prior agreements, understandings and representations.
- Waiver of any right arising from breach of this Agreement or of any right, power, authority, discretion of remedy arising upon default under this Agreement must be in writing and signed by the party granting the waiver.
- Any rights or obligations conferred or opposed by this Agreement are additional to, and do not derogate from, any rights or obligations conferred or opposed under any rule of law.
- Each obligation in this Agreement is a continuing obligation, separate and independent from the other obligations of the Receiving Party and its employees and agents and survives termination of this Agreement.
- The Receiving Party confirms their acceptance of the above terms and conditions by clicking Agree to these terms and conditions and / or receiving the Confidential Information.
