Confidentiality Agreement


I/We, being the person/people named in the Schedule set out above, acknowledge that I/we are prospective buyer(s) of a business and acknowledge and agree as follows:

  • Any materials supplied by Sellers relating to the businesses may include:
    • Non-verified and non-audited trading results and/or profit and loss reports; or
    • Related industries averaged and/or approximate costs/expenses and projected trading estimation
  • All information supplied is my/our responsibility to verify and confirm, and I/we agree that Agent and/or its salespersons, employees
  • and authorised personnel shall in no case be responsible for its accuracy or completeness, or any liability or loss suffered by me/us in
  • relation to use of or reliance upon the information contained in any business profile.
  • Business profiles and materials and all things connected and related to any business are confidential, and we agree not to disclose
  • them to any other person except our legal, accounting, financial advisers and bankers, but then only on the basis that they have agreed
  • to keep the information confidential.
  • I/We agree to use any information, documents or contacts provided, or otherwise made available, to me/us for the sole purpose of
  • evaluating a potential sale or purchase transaction in respect of the business and for no other purpose. I/We expressly agree not to use
  • the information, document or contracts provided for the direct or indirect purpose of competing with the relevant Seller and/or their business.
  • All inspections of businesses are to be by an appointment arranged and organised through the Agent only, and I/we agree not to attempt to
  • inspect any business or the premises upon which any business is carried on or to contact any Seller, their employees, agents, landlord,
  • customers, suppliers or other stakeholders directly or indirectly other than through and with the Agent.
  • I/We understand that the Agent and or its personnel are not investment and financial advisors.
  • Their role in this matter is to simply relay information relating to the target business, as provided by any Seller in their capacity as a
  • representative of the Seller.
  • I/We understand the roles, responsibilities and duties of the Agent does not extend to:
    • investigating the truth, completeness or accuracy of the information provided nor go through any due diligence process in relation to it;
    • make any professional or other judgement about the materials supplied by any Seller or provide any professional advice; and
    • assess the truth or accuracy of the information provided to us by any Seller.
  • I/We agree to respect and safeguard the privacy of any Seller by returning the business profiles, and any related material to the Agent, and
    • immediately return or destroy (and certify destruction of) any copies if I/we do not proceed to purchase any business or otherwise when
    • requested to do so by the Seller.
  • I/We agree to advise the Agent immediately that I/we have been previously introduced to the same business by another agent.

I/We agree to be included on the Agent's Client/Customer database

I/We acknowledge that I/we agree to the above conditions and agree to be bound by them.

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