QLD Real Estate Group Pty Ltd trading as ForceOne Realty (“FOR”) and its authorised Associates, and its and their respective employees and agents and any sellers (“the Seller”) on whose behalf FOR discloses confidential information to the Recipient whose name is set out below:
NOW, in consideration of the agreement of FOR and the Seller to disclose information, THE RECIPIENT AGREES as follows:-
In this Agreement –
“confidential information “ means all information or documents (in whatever form) provided by FOR and/or the Seller to the Recipient in relation to any business/property owned or operated by the Seller of which information is not in the public domain.
“document” includes, but, is not limited to, any document, computer program, computer file or storage device, drawing, specification, material, record and any other means by which the information may be stored or reproduced, and a reference to any document includes a part of that document.
The Recipient –
3. ACKNOWLEDGMENT THAT FOR BEARS NO LIABILITY FOR INFORMATION PROVIDED
The Recipient acknowledges that all information (whether confidential or otherwise) provided to the Recipient by FOR in relation to any business/property is provided to FOR by the Seller and that FOR bears no responsibility for the accuracy or completeness of such information and further that FOR disclaims to the extent permitted by law all liability (including but not limited to liability for negligence) for any loss, damage, cost or expense incurred by any person using or relying on any such information, and the Recipient agrees to hold FOR harmless in respect of any claims arising out of the use or reliance by any other person of such information provided (directly or indirectly) by the Recipient to such other person. The Recipient agrees that it must rely on its own enquiries and due diligence and obtain its own legal and financial advice for the purpose of determining the accuracy and completeness of all information provided to it by FOR and for the purposes of determining whether or not to purchase any business/property to which such information relates.
4. NO CONTACT WITHOUT PRIOR APPROVAL
The Recipient agrees that neither it nor anyone on its behalf may contact the Seller or its employees, advisers, customers, or suppliers, other than in the normal course of the Recipient’s business, without the prior approval of FOR.
5. GOVERNING LAW AND JURISDICTION
The interpretation and enforcement of this Agreement shall be governed by the laws of Queensland and the Commonwealth of Australia and the Recipient irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland in respect of any proceedings with respect to the interpretation or enforcement of this Agreement.
6. WAIVERS AND VARIATIONS
Waiver of any right arising from a breach of this Agreement or of any right, power, authority, discretion or remedy arising upon default under this Agreement must be in writing and signed by the party granting the waiver and any failure or delay in exercise, or partial exercise,
does not result in a waiver of that right, power, authority, discretion or remedy, and any variation of any term of this Agreement must be in writing and signed by the Parties.