Non-Disclosure Agreement

Unilateral Non-Disclosure and Confidentiality Agreement for Bush Life Balance Members

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Notice to the Agent is Notice to the Principal

Notice to the Principal is Notice to the Agent

This is Private and Confidential • Self-Executing Contract • All Rights Reserved • UCC 1-308

Discloser

Bush Life Balance®

Secured Party Creditor, Principal and Executive Beneficiary for and of Bush Life Balance® ens legis and all derivatives thereof

All Rights Reserved • Herein and hereafter known and/or referred to as the Discloser

Agreement Formation

1. This agreement is made unilaterally and/or by consent and/or by tacit acquiescence and/or tacit procuration between Bush Life Balance® (the Discloser) and the Recipient.

Confidential Information

2. The Discloser possesses certain proprietary and/or confidential information, including but not limited to:

  • Technical knowledge and data
  • Know-how and copyrighted equitable rights
  • Intellectual property and documentation
  • Processes for the use of intellectual proprietary documentation

3. The Discloser is willing to disclose such Confidential Information to the Recipient in writing, verbally, by demonstration, or digitally, on the condition that the private and/or copyrighted information is not to be shared or distributed to any third party under any circumstances without the written express consent of the Discloser, as verified by wet ink autograph prior to any sharing or disclosure.

Recipient Obligations

4. The Recipient undertakes to treat any and all Confidential Information as strictly private and confidential and agrees:

  • Not to divulge, share, provide, offer, submit or table it to any third party for any purpose
  • Not to make use of such Confidential Information, or any part thereof, without the Discloser's prior written consent

Exceptions

5. The confidentiality undertaking shall not apply to:

  • Information which at the time of disclosure is published or otherwise generally available to the public
  • Information which after disclosure becomes generally available to the public otherwise than through any act or omission on the part of the Recipient
  • Information which the Recipient can show was in its possession at the time of disclosure and was not acquired from the Discloser
  • Information rightfully acquired from a third party who did not obtain it under pledge of secrecy
  • Information, documentation, or processes not held under copyright by the Discloser
  • Information to which the Discloser does not hold the intellectual property or proprietary rights

The obligation of confidentiality shall be binding, enduring and irrevocable and remain in perpetuity until such time as agreed upon by the Discloser.

Identification of Confidential Information

6. The Discloser identifies confidential information as follows:

  • All Confidential Information, whether verbal, in writing, in materials, or in digital format, shall be identified as such and no duplication thereof is authorised
  • All Confidential Information disclosed shall be clearly identified as such by the Discloser either verbally, digitally or in writing at the time of or prior to disclosure

Third Party Binding

7. The Recipient shall ensure and take all reasonable and necessary steps to ensure that any employees, contractors, heirs, successors, nominees, assigns, agents or representatives who have access to the Confidential Information are bound to the same terms and conditions as outlined in this agreement.

Disclaimer & Termination

8. The Recipient willfully, knowingly, and free from duress or coercion agrees that the Confidential Information is provided "as is" without any warranty or guarantee of any kind. The Discloser shall not be liable for any damages, loss, expense or claim arising from the use of, or reliance upon, such Confidential Information.

9. Nothing herein shall obligate either party to proceed with any transaction between them, and each party reserves the right to terminate discussions, with the exception of any breaches of terms as outlined in this agreement.

Digital Signatures & Response Terms

11. For the purposes of this agreement, a digital signature, acknowledgement or autograph is deemed the same as a wet ink signature or autograph and carries the same responsibilities and liabilities.

12. Terms of response: Response can be made by the recipient either by way of silence to this unilateral self-executing contract (agreeing by tacit acquiescence) or by way of wet ink autograph.

Execution

IN WITNESS HEREOF, this self-executing contract, notice, agreement, document, is hereby duly executed by way of consent and/or tacit acquiescence, and/or unilateral agreement that the parties hereby agree to have executed this Agreement in its entirety.

Leah Lowe®

Authorised Representative for Bush Life Balance®

Secured Party / Discloser

C/- Suite 770, 120 Egerton Street, Emerald, QLD, 4720

Non-negotiable. Not transferable. All rights reserved. Without prejudice. Without recourse.