Confidentiality Agreement

THIS AGREEMENT APPLIES TO ALL CONFIDENTIAL INFORMATION DISCLOSED FROM THE DATE OF ACKNOWLEDGEMENT ONWARD

This Confidentiality Agreement (“Agreement”) is entered into between the parties exchanging information (“Parties”) for the purpose of discussing a potential business or commercial opportunity (“Purpose”).

• I/We agree to:
  • keep all Confidential Information strictly confidential;
  • use the information only for the Purpose;
  • not disclose the information to any third party except to advisers or contractors who need to know for the Purpose; and
  • take reasonable steps to protect the Confidential Information from unauthorised access or disclosure.
• “Confidential Information” includes all non-public information disclosed by either Party, whether written, verbal or electronic, including but not limited to:
  • financial information;
  • business plans and strategies;
  • customer or supplier information;
  • pricing, marketing or operational information;
  • intellectual property, concepts, designs and know-how; and
  • any notes or materials derived from that information.
• These obligations do not apply to information that:
  • is already publicly available;
  • was lawfully known prior to disclosure;
  • is received lawfully from another source; or
  • is required to be disclosed by law.
• All Confidential Information remains the property of the disclosing Party. No licence or ownership rights are granted under this Agreement.
• Upon request, the receiving Party must return or destroy Confidential Information, except where retention is required by law.
• This Agreement commences on the date of acknowledgement and continues for five (5) years.
• The Parties acknowledge that unauthorised disclosure may cause serious damage and that injunctive or equitable relief may be sought by the disclosing Party in addition to any other legal remedies.
• This Agreement is governed by the laws of Queensland, Australia.