Disclaimer, Confidentiality and Privacy Agreement

Before we can provide you any information you will need to read, understand and agree to our Disclaimer and Confidentiality Agreement and Privacy Policy below.

"*" indicates required fields

Name*

First Last

Address*

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Email*

Phone*

Name of Business Listing*

E.g. Accounting Firm on the Gold Coast QLD – Over $800,000 in Fees

Business Reference*

E.g. CG-1234

Your Current Business or Employment Details*

Do you have any experience in the industry? If so, please provide details.*

Time Frame*

Immediately

1 month

2-3 months

Over 3 months

Finance - Will you require finance from a bank or financier?*

Yes

Price Range*

Less than $100,000

$100,000 - $250,000

$250,000 - $500,000

$500,000 - $750,000

$750,000 - $1 million

Over $1 million

If over $1 million, please advise your budget limit.*

Referral Source*

Business sale website

Our website

Social media

Google Search

Friend / Colleague

Other

If referred by a "Friend / Colleague" or "Other" please provide details so we can thank them*

I would like to receive similar opportunities in future*

Yes

What business categories are you interested in?

If "Other" please specify your preferences*

If you have any other comments or requirements please let us know

Consent*

I/we acknowledge that I/we agree to the below conditions and agree to be bound by them.

Disclaimer and Confidentiality Agreement

I/we, being the person/people named in the schedule set out above, acknowledge that I/we are prospective buyer(s) of a business and acknowledge and agree as follows:

any materials supplied by sellers relating to the businesses may include:
- non-verified and non-audited trading results and/or profit and loss reports; or
- related industries averaged and/or approximate costs/expenses and projected trading estimation
- all information supplied is my/our responsibility to verify and confirm, and I/we agree that agent and/or its salespersons, employees and authorised personnel shall in no case be responsible for its accuracy or completeness, or any liability or loss suffered by me/us in relation to use of or reliance upon the information contained in any business profile.
Business profiles and materials and all things connected and related to any businesses are confidential, and we agree not to disclose them to any other person except our legal, accounting, financial advisors and bankers, but then only on the basis that they have agreed to keep the information confidential.

I/we agree to use any information, documents or contacts provided, or otherwise made available, to me/us for the sole purpose of evaluating a potential sale or purchase transaction in respect of the business and for no other purpose. I/we expressly agree not to use the information, document or contacts provided for the direct or indirect purpose of competing with the relevant seller and/or their business.

All inspections of businesses are to be by an appointment arranged and organised through the agent only, and I/we agree not to attempt to inspect any business or the premises upon which any business is carried on or to contact any seller, their employees, agents, landlord, customers, suppliers or other stakeholders directly or indirectly other than through and with the agent.

I/we understand that the agent and/or its personnel are not investment and financial advisors. Their role in this matter is to simply relay information relating to the target business, as provided by any seller in their capacity as a representative of the seller.

I/we understand the roles, responsibilities and duties of the agent does not extend to:
- investigating the truth, completeness or accuracy of the information provided nor go through any due diligence process in relation to it;
- make any professional or other judgement about the materials supplied by any seller or provide any professional advice; and
- assess the truth or accuracy of the information provided to us by any seller.
I/we agree to respect and safeguard the privacy of any seller by returning the business profiles, and any related material to the agent, and immediately return or destroy (and certify destruction of) any copies if I/we do not proceed to purchase any business or otherwise when requested to do so by the seller.

I/we agree to advise the agent immediately that I/we have been previously introduced to the same business by another agent.

I/we acknowledge and agree that the obligations listed above (including but not limited to the obligations of confidentiality) are:
- given in consideration for the provision of materials relevant to the assessment of the target business and a potential transaction; and
- for benefit of, and are enforceable by, both the agent and, upon acceptance by or on behalf of the relevant seller, the relevant seller.
I/we agree that the seller’s acceptance of the obligations owed to it will be deemed as given on the provision to me/us of materials relating to the target business and that the seller shall be entitled to any remedies and relief available at law as against the prospective buyer(s) in the event of a breach of this agreement.

Important

The individual(s) signing this agreement for and on behalf of the prospective buyer(s) each confirm and warrant that:

they have the requisite and unconditional authority to enter into this agreement for and on behalf of the prospective buyer(s); and they do not have any notice of that authority being withdrawn.

In the event that prospective buyer(s) asserts that the individuals signing this agreement did not have the requisite authority to bind the prospective buyer(s) to this agreement, then each individual signing this agreement (on a joint and several basis if more than one):

irrevocably and unconditionally guarantees to the agent and the seller the due and punctual performance of all present and future obligations (including the payment of all present and future liabilities) expressed to apply to the prospective buyer(s) under this agreement and must on demand by either the agent or seller perform such obligations or pay such liabilities in the manner specified in this agreement; and

as a separate and independent obligation from that contained in sub-clause (a) above, must indemnify the agent or seller (as relevant) on demand and pay the amount of any loss, liability, cost or expense of any nature suffered or incurred by the agent or seller (as relevant), arising out of or in connection with any failure of the prospective buyer(s) to perform any obligation or pay any liability expressed to apply to it under this agreement.

Privacy

Growth Generation Pty Ltd (ABN/ACN No. 45 602 979 886) trading as Growth Generation Commercial Group is committed to protecting your privacy in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) issued pursuant to the act. This document sets out Growth Generation Pty Ltd’s Privacy Notice which contains information about how you can complain about any breach by Growth Generation Pty Ltd of the APPs or an applicable APP Code.

Information Collection, Use and Disclosure

During the course of your involvement with Growth Generation Pty Ltd, we may collect, use or disclose personal information about you for the following purposes:

Assisting you to sell your property or business;

Assisting you to purchase a property or business;

Assisting you to lease a property (either as lessor or lessee);

Assisting you to obtain a loan;

Assisting you with payment or refund of a bond;

Assisting you with tenancy disputes;

Coordinating repairs or maintenance of a property owned or leased by you;

Recording or accessing information at the Titles Registry Office or other government agency;

Recording or accessing information at the Residential Tenancies Authority;

Recording or accessing information on tenancy information services or databases;

Client and business relationship management;

Marketing of products and services to you;

The types of personal information we may collect, use or disclose about you includes but is not limited to:

Your full name;

Your date of birth;

Your residential address;

Your postal address;

Your email address;

Your home telephone number;

Your work telephone number;

Your mobile telephone number;

Your occupation and business address;

Financial information including details of your employer, income, name of bank or financial institution;

Details of your spouse, de facto, dependent children, and roommates;

Details of properties owned by you;

In order to provide products and services to you, we may disclose your personal information to the persons/organisations described below:

In the event that you are a seller or a lessee, we may disclose your personal information to prospective buyers of the property owned or leased by you;

In the event that you are a buyer or a lessee, we may disclose your personal information to the sellers of the property you are purchasing or leasing;

Your legal advisor(s) and the legal advisor(s) representing the other party(s) involved in your transaction;

Your financial institution and/or financial advisor;

Insurance providers and brokers;

Utility providers and utility connection service providers;

Persons or organisations involved in providing, managing or administering your product or service including independent contractors engaged by us as real estate agents;

Tradespeople engaged by us to repair or maintain a property owned or leased by you;

Organisations involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including maintaining or upgrading our computer systems;

Persons or organisations involved in purchasing part or all of our business;

Our related companies;

Organisations involved in the payments systems including financial institutions, merchants and payment organisations;

The Titles Registry Office or other government agencies;

The Residential Tenancies Authority;

Police;

Tenancy information services or databases;

Real estate websites;

Real estate peak bodies;

Whenever it is reasonable or practicable to do so, we will collect your personal information directly from you. Sometimes it will be necessary for us to collect information from a third party or a publicly available source, such as a credit reporting agency, your legal adviser, your past or current employers, your previous lessors or property managers, and tenancy information services or databases.

In the course of providing services to you, it may be necessary for us to enter your personal information into forms generation software and real estate websites. Depending on the terms of use of such software and websites, a third party may acquire rights to use or disclose information entered into the relevant forms or websites.

We may disclose your personal information to recipients within Australia or to overseas recipients. Should information be required to be sent interstate or overseas, we will take steps to protect the privacy of your information.

We need your permission to collect, use and disclose your personal information, and we therefore ask that you confirm your consent below.

In the event that you do not consent to Growth Generation Pty Ltd collecting and releasing your personal information as described above, we may be unable to provide the services requested by you.

Access to, and correction of personal information

You have the right to request access to your personal information and to request that Growth Generation Pty Ltd update or correct your personal information. A charge may apply for providing access to your information.

Our privacy policy contains further information about how you may request access to, and correction of, your personal information.

Contacting Us

You may contact us by mail, email or telephone as follows:

Address : PO Box 9193 Gold Coast MC QLD 9726
Phone: +61 (0) 432 734 760
Email: commercial@growthgeneration.com.au

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