You have expressed an interest in being provided with information about the pharmacy to which the above pharmacy number/s relate to, which is currently for sale. Before we can provide you with such information, we require that you agree to the terms and conditions set out below concerning the confidentiality obligations associated with such information.
- You agree that all confidential information provided to you by us is and shall remain strictly confidential, and that you will only use such confidential information for the purposes of assessing whether or not you intend to buy, or make an offer to buy, the pharmacy.
- You agree not to disclose any confidential information to any third party (such as partners, landlords or financiers) unless you are required to do so by law; or in accordance with this confidentiality agreement; or with our prior written consent.
- You agree not to contact, or attempt to contact, the vendor or the vendor’s accountants directly in relation to the sale or potential sale of the pharmacy by any means whatsoever, for so long as the pharmacy is for sale.
- You agree that any inspection by you of the pharmacy is to be arranged by appointment with us, and is subject at all times to the vendor’s prior consent.
- You acknowledge that we (including our officers and employees) have not been engaged by you to provide you with any investment, financial or any other professional advice and you acknowledge that we do not make any representations or warranties, either express or implied, that any confidential information we may provide to you is accurate, complete or reliable.
- You agree that, upon request by us, you will immediately return to us all confidential information in your possession, power or control (including any Pharmacy Information Memorandum we have provided to you) and if any such confidential information is stored electronically (on a computer or otherwise), you must permanently delete such confidential information so that it cannot be recovered by any person, and must notify us in writing that you have done so.
- You agree to notify us immediately if you are contacted by another selling agent or broker in relation to the pharmacy at any point in time while the pharmacy is for sale.
- This confidentiality agreement may only be varied with our prior written consent. The provisions of this confidentiality agreement will be deemed to be severable. This confidentiality agreement is governed by the laws of the Australian state that the pharmacy for sale operates within.
- In this confidentiality agreement:
(a) “confidential information” means all Information treated as confidential by us and disclosed to or acquired by you before or after the date of this confidentiality agreement in relation to the pharmacy, whether orally or in writing but does not include Information that: is already in the public domain at the time of first disclosure by us; or information that becomes a part of the public domain after the time of first disclosure by us without disclosure in breach of this confidentiality agreement or any other obligation of confidence of any other person;
(b) without limiting clause 9(a) above, “confidential information” includes information contained in any Pharmacy Information Memorandum we may provide to you in relation to the pharmacy;
(c) “the pharmacy” means the pharmacy to which the reference number appearing at the top of this page relates;
(d) “us” and “we” mean Blink Pharmacy Brokers Pty Ltd; and
(e) “you” means the person or company whose name appears at the top of this page.
Executed by you in favour of us and delivered on the date below.