1. Undertaking not to share
2.  Confidential Information

The Confidential Information is made available and delivered to the Recipient (you) by the Discloser (the Agent or the Owner) on the basis of the Recipient accepting its / his / her responsibility and obligations in terms this non-disclosure agreement.

The purpose of disclosing the Confidential Information is for the Recipient to assess the viability of the business / franchise / license / property being offered by the Agent / Owner.

In consideration of disclosure of Confidential Information by the Discloser, the Recipient now undertakes that it / he / she will not:

• divulge to any other person or entity any Confidential Information.
• use the Confidential Information for any other purpose as stipulated.

1. Security of Confidential Information

• The Recipient agrees and undertakes that it / he / she will not store, copy, or use the Confidential Information in any place or in any electronic form which may be accessible to any other person.

4. Ownership & Warranty

• All the Confidential Information remains the sole property of the Discloser and no license or other right is granted or implied by this agreement.

• The Recipient acknowledges that the Discloser has made no express or implied representation or warranty as to the accuracy or completeness of the Confidential Information, and the Discloser hereby expressly disclaims any and all liability that may be based on the Confidential Information, or errors or omission in it.

• The Recipient agrees and acknowledges that it/ he /she may not and will not rely solely on the Confidential Information in its/ his/ her assessment of the business / franchise / license / property or in making its / his / her decision with respect to furthering any relationship or agreement with the Discloser.

1. Undertaking not to steal customers & staff

The Recipient undertakes with the Discloser that it will not, within 12 months of this signed agreement:

• Solicit or approach any customer of the Discloser;
• Set up a business or product or service for sale based on any Confidential Information of the Discloser;
• Solicit or employ any employee of the Discloser.

1. Miscellaneous matters

• Unless otherwise stated, the obligations set out in this agreement shall continue to be fully effective indefinitely even if the Recipient has destroyed or returned the Confidential Information.

• Without prejudice to any other rights or remedies which a party may have, the parties now acknowledge and agree that damages would not be an adequate remedy for any breach of the terms of this agreement and that in the event of breach, the Discloser shall be entitled, in addition to damages, to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach by the Recipient or any other relevant person.

• The Recipient agrees to indemnify the Discloser against all costs and liabilities arising in connection with any breach or alleged breach by it of its obligations under this agreement.