A New Zealand-based natural skincare and wellbeing products business

Non-Disclosure and Confidentiality Agreement for Business Reference

Business Reference:

Broker Name: Atesh Bhej

Between: Biz M&A and the Interested Party.

The Interested Party must be an individual's name, NOT a company name.

In consideration of Biz M&A (being any or all of Biz M&A Limited (Licensed under REAA 2008) and our respective business brokers, employees, contractors) entering into discussions relating to the possible acquisition of the assets or shares of any business(es), mergers, dis-investment, capital or equity raising and debt funding opportunities presented to me by Biz M&A and specifically the business referenced above, I/We hereby agree and undertake as follows:

1. To treat as private and confidential the identity of the business(es) disclosed to me and any details as to its operation or financial accounts.
2. I acknowledge that the financial records, customer and supplier details and other information relating to the business to be disclosed to me shall at all times remain the sole and exclusive property of the Vendor and that such information is of competitive value and of a confidential nature and that loss or damage would be sustained by the Vendor if such information should be used or divulged by me for any purpose other than the evaluation of the purchase of the business or should it become into the possession of an unauthorised third party.
3. Not to disclose the identity or any details of the operation or financial accounts to any third party (except my accountant or legal advisor who shall agree to respect this requirement for confidentiality) unless expressly authorised in writing by the Vendor or by Biz M&A.
4. Not to make an approach to the Vendor of any business disclosed to me by Biz M&A, or the business' staff, customers or suppliers without prior arrangement with Biz M&A and to refer all queries through Biz M&A.
5. I acknowledge that Biz M&A is the introducing agent, and that all offers and deposits for the business, shares or property will be conducted through that office.
6. If, I as a potential buyer breach clause 4 of this agreement and buy directly or indirectly this business from the Vendor of the business quoted then I the buyer will be responsible for any loss of commission due to Biz M&A Limited (Licensed under REAA 2008) as the case may be.
7. If, I as a potential buyer breach clause 1, 2 or 3 of this agreement I undertake to indemnify Biz M&A against any actions, proceedings, costs, claims, demands or liabilities which you may suffer in consequence of that breach.
8. That all information received for no other purpose than the evaluation of the investment potential of the business or investment opportunity.
9. If I decide not to proceed with the investment, I agree to immediately return to Biz M&A all written information supplied by it and retain no copies and to delete any electronic records including all emails and attachments relating to the business(es).
10. Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 5 of the Electronic Transactions Act 2002.
11. Privity: For the purposes of Part 2, Subpart 1 of the Contract and Commercial Law Act 2017, the parties acknowledge and agree that the agreements and undertakings given by the recipient in this Confidentiality Agreement are given for the benefit of the Vendor and its related companies and representatives and are enforceable at the suit of all or any of them.

Before proceeding with this Confidentiality Agreement, it is recommended that any prospective purchaser:

1. Seeks independent legal advice.
2. May or may need to seek technical or other advice and information.
3. Review Biz M&A's internal process in relation to any complaints. A copy of these can be found at here.