Biz Sales Direct – Confidentiality Agreement
I/We request more information on the following business
Terms & Conditions
- The Prospective Buyer, being the people named above, acknowledge that I/we are the Prospective Buyers of the business described above (the Business) and that any information provided to us by BIZ SALES DIRECT or by the seller, including the details of the seller and the Business, is confidential;
- BIZ SALES DIRECT agrees to disclose the Confidential Information and Intellectual Property with respect to the Business in consideration of the Prospective Buyer agreeing to and accepting the terms and conditions of this Confidentiality Agreement as set out herein;
- The Confidential Information and Intellectual Property may include: a. Non verified and unaudited trading results and/or profit and loss reports; b. Related industry averages and/or approximate costs/expenses, projected trading estimates. The Prospective Buyer acknowledges that the Confidential Information is to be used and accepted as a guide only. All information contained in it, is the Prospective Buyer’s responsibility to verify and confirm, and the Prospective Buyer agrees not to hold BIZ SALES DIRECT and or its salespersons and authorised personnel responsible for its accuracy, liability, or loss suffered by us in relation to the Confidential Information or Intellectual Property;
- The Confidential Information and Intellectual Property and all things connected and related to this material are confidential. The Prospective Buyer agrees not to disclose the Confidential Information and Intellectual Property received to any other person except our legal, accounting, financial advisors and bankers on the basis that they have provided us with their agreement prior to receipt of the Confidential Information or Intellectual Property to keep this information confidential unless the seller agrees in writing to disclose the Confidential Information or Intellectual Property to that party;
- The Prospective Buyer acknowledges that as a result of inspecting the Business, the Confidential Information and Intellectual Property the Prospective Buyer may become aware of sensitive information regarding the operation of the Business which has real financial value to the seller. The Prospective Buyer acknowledges that should the Confidential Information or Intellectual Property become known to the seller’s competitors or other parties interested in setting up a similar business in opposition to the seller, or used by ourselves in the operation of a similar business that these actions could cause financial hardship to the seller and therefore the seller has the right to seek compensation for loss and damage suffered as a result of the breach of the terms of this Confidentiality Agreement. The Prospective Buyer understands that if this Confidentiality Agreement is breached it may result in legal action being commenced to recover all loss and damage suffered as a result of a breach of this Confidentiality Agreement;
- All inspections of the Business are to be by an appointment arranged through BIZ SALES DIRECT. The Prospective Buyer agrees not to attempt to inspect the Business or the premises upon which the Business is carried on, or contact the seller directly. The Prospective Buyer acknowledges that all contact will be conducted through BIZ SALES DIRECT. The Prospective Buyer acknowledges that The Prospective Buyer has been introduced to the Business by BIZ SALES DIRECT and or its personnel. The Prospective Buyer confirms that the Prospective Buyer has not and will not make any approaches, or attempt to contact the owner or staff of the Business and at all times will maintain the confidentiality of the seller, the owner or staff of the Business and the Confidential Information and Intellectual Property provided by BIZ SALES DIRECT. The Prospective Buyer confirms that The Prospective Buyer has not and will not approach or communicate with any supplier or client of the Business identified in the material, unless the Prospective Buyer has received the express written consent of the seller prior to the Prospective Buyer engaging with any supplier or client of the Business;
- The Prospective Buyer understands that BIZ SALES DIRECT, its agents and or its personnel are not investment or financial advisors. Its role in this matter is to simply relay information on behalf of the Business(es) as provided by the seller in its capacity as representative of the seller;
- In this Confidentiality Agreement: a. Confidential Information means all oral or written information disclosed to the Prospective Buyer in relation to the business, including without limitation, the details of: i. The Business; ii. The seller and the seller’s Business, iii. The Business profile and material and all information or data connected to the Business profile and material; iv. The operation of the seller’s Business including original business policies and practices, confidential data, materials, precedents and records relating to the operation; and v. The conduct and the future of the Business; b. Intellectual Property means all industrial and intellectual property rights and interests, whether protected at common law or under statute, including, without limitation, inventions (patentable and un-patentable), copyrights, moral rights, designs (registered or unregistered), trademarks (registered or unregistered), trade secrets, goodwill, know-how, samples, materials, data and results.
- The Prospective Buyer acknowledges and agrees that the information that has been provided by the Prospective Buyer is true and correct, and that the Prospective Buyer has read and agrees to be bound by the terms of this Confidentiality Agreement.