NON-DISCLOSURE & CONFIDENTIALITY AGREEMENT - 3221

Listing ID: 3221

Definitions

- Network Infinity: Refers to Network Infinity, including its staff, contractors, franchisees, administrative service providers, and any associated entities or agents involved in facilitating the sale of the business.
- Vendor: Refers to the owner(s) or authorised representative(s) of the business being sold, who have engaged Network Infinity or its associated entities to facilitate the sale.
- Buyer: Refers to the individual or entity reading and signing this agreement, expressing interest in evaluating the business opportunity and agreeing to the terms outlined herein.

  1. Protection of Vendor Interests
    I/We acknowledge that the business information provided is sensitive and proprietary to the vendor. We agree to safeguard the vendor’s confidential information, including financial, operational, and any other details disclosed by the agent, and to use it solely for evaluating the potential purchase of the business. We understand that protecting the vendor’s interests is essential and agree not to misuse or disclose any information provided.
  2. Prohibition on Direct Vendor Contact
    To protect the vendor’s interests and privacy, I/We agree not to contact the vendor, their staff, or any affiliates directly without written consent from the agent. Any breach of this term, including any attempt to approach the vendor directly or indirectly, will result in liability for all losses incurred by the agent, including commissions and damages. This condition remains binding even if no transaction takes place.
  3. Responsibility for Third-Party Disclosure
    Should any confidential information provided be disclosed to a third party without prior authorisation, I/We accept full liability for any resulting damages, including compensating the agent and vendor for losses, lost profits, and any associated legal fees.
  4. Purpose and Limitation of Information Use
    I/We agree to use the provided information exclusively for evaluating the purchase of the specified business. Any information received will not be shared or reproduced in any form without the agent’s written consent, in respect of both the vendor’s and the agent’s rights.
  5. Due Diligence and Non-Reliance on Broker Advice
    I/We acknowledge that Network Infinity act solely as brokers, without providing any advice, guarantees, or representations regarding the business’s condition, value, or suitability. I/We are fully responsible for conducting independent due diligence and inquiries. The broker’s role is strictly to facilitate the sale and does not extend to advisory or consultancy responsibilities.
  6. Return and Destruction of Documentation
    Should I/We decide not to proceed with the purchase, all documentation related to the business, whether in printed or electronic form, will be promptly destroyed. This measure is to protect the vendor’s proprietary information and maintain confidentiality.
  7. Acknowledgment of Introduction, Fees, and Bypass Liability
    I/We acknowledge that Network Infinity, or its agents, have introduced us to the specified business. All subsequent inquiries and communications regarding this business or others are subject to these terms. Should a purchase of the business occur, fees payable by the vendor may be due to the agent per the listing agreement terms. Furthermore, if the actions of the buyer result in bypassing the agent and cause the agent to be uncompensated for the sale, the buyer agrees to compensate the agent fully for any resulting financial losses, including the agreed commission.
  8. Permission to Provide Limited Information to Vendor and Non-Automatic Approval
    I/We understand that signing this document does not automatically grant access to business information. By signing, I/We give Network Infinity permission to provide the vendor with limited information to allow the vendor to approve or decline access to further details. This process protects the vendor’s interests and confidentiality, and only upon vendor approval will additional information be shared.
  9. Vendor Approval Process and Buyer Responsibility
    I/We acknowledge that vendor approval is required before access to further information, and that each vendor may have specific requirements, including requests for evidence of financial capacity. It is my/our responsibility to fill out this information accurately and completely. If additional information is required by the vendor, I/We agree to provide it without dispute. I/We understand that the broker does not control vendor requirements and is not liable if information is withheld or if approval is declined.

Agreement to Terms
By signing this document, the Buyer acknowledges full understanding and acceptance of all terms outlined above. If the Buyer does not agree to these terms, they should refrain from signing and cease any further inquiry regarding the business opportunity.