The individual who has signed this application ('applicant') has applied to become a BUSINESS OWNER of Air Locker Training ('Air Locker Training') and in the process of application, may become privy to certain information regarding the business of Air Locker Training and its affiliates and its BUSINESS OWNERS which Air Locker Training classifies and protects as confidential and proprietary ('the information'). Air Locker Training is willing to divulge this information (as and to the extent it deems appropriate in connection with the applicant’s application) only if the applicant agrees to protect the confidentiality of such information. In the consideration of the disclosure of information, the applicant agrees to the following terms and conditions:
Applicant on behalf of itself and affiliates, employees, officers and directors, agrees to maintain as confidential all information disclosed to it. Applicant shall not, directly or indirectly, disclose any such information to any third party without Air Locker Training prior written consent, nor shall applicant use any information of its own benefit except for the purpose of the discussions dissemination of information by applicant within its own organisation and shall be limited to those employees and consultants whose duties justify the need to know such information.
2. Return of Information
Applicant shall return to Air Locker Training within ten (10) days of written request therefore, all information together with any and all copies thereof.
3. No rights in information
Neither this agreement not the disclosure of information shall be deemed, by implication or otherwise, to vest in applicant any rights in the information or any other trade secrets or property of Air Locker Training.
Any breach of any provisions hereof will be theft of Air Locker Training trade secrets, and will cause irreparable harm and damage to Air Locker Training. Air Locker Training shall be entitled to enjoin any actual or threatened violation of any of the provisions in this agreement. In addition to injunctive release, Air Locker Training may recover damages from applicant for any loss caused by third parties to whom the applicant discloses information. In any action brought to enforce any of the provisions of this agreement, Air Locker Training shall be entitled to reasonable attorneys fees and costs.
This agreement is made under, and shall be constructed and enforced in accordance with, the laws of Australia. The parties agree that the exclusive venue for disputes between them shall be in the city of Sydney, New South Wales, and the parties each waive any objection they may have to the personal jurisdiction of, or venue in, such courts.
Any provisions hereof which may prove unenforceable under any law or by any court shall not affect the validity of any other provision hereof. Applicant Acknowledgement I acknowledge that the information I have detailed on this application form is correct in its entirety. I acknowledge that I have read, and hereby agree to be bound by the confidentiality and non-disclosure provisions which appear above.