Non Disclosure Agreement
This NDA is between
(a) Dot Investing Ltd a company incorporated in England and Wales with company number 09660037 with our registered office at Unit 508 Cannon Wharf Pell Street, Surrey Quays, London, England, SE8 5EN (we, us);
(b) any user of our platform (you).
By using our website you agree to be bound by this NDA.
In this NDA:
“Information” means (a) all information which comes into your possession through use of our website and relates to investments and/or investment opportunities; (b) all analyses, compilations, data, studies or other materials prepared by you which contain or are derived from or in connection with such information; and
“Purpose” means the evaluation of the Information for potential business opportunities through our website.
3. Non Use and Non Disclosure
In consideration of the provision of the Information and the opportunity to carry out the Purpose, you shall not (a) use, employ, exploit or in any other manner whatsoever use the Information other than for the Purpose; and/or (b) disclose Information to any person, firm, corporation, association or any other entity for any reason or purpose whatsoever.
You shall however be entitled to disclose Information pursuant to an order from a court of competent jurisdiction requiring such disclosure, provided that you give us prompt and prior written notice of such requirement and request the highest level of confidentiality available for such Information under the terms of the court order requiring disclosure.
4. Excluded Information
The obligations set out above shall not apply to any Information that you can clearly establish by documentary evidence (a) was publicly known and made generally available in the public domain prior to the time of disclosure to you; (b) becomes publicly known and made generally available after disclosure to you through no breach of this NDA by you; (c) is already known by you or legally in your possession at the time of disclosure to you; and/or (d) is lawfully disclosed to you by a third party, without any obligation of confidentiality.
5. Maintenance of Confidentiality
You shall take commercially reasonable measures to protect the secrecy of, and avoid unauthorised disclosure and/or use of, the Information. Without limiting the foregoing, the Supplier shall take at least those measures that it takes to protect its own information of similar importance.
You shall immediately notify us of any breaches of security or unauthorised access to your systemsand/or your website account that you detect or become aware of that involves the Information.
On notice from us, you shall destroy all copies you have made of the Information and confirm to us in writing that you have done so.
6. Ownership of Information
You agree that no rights, including copyrights and database rights, that may subsist in the Information shall transfer to you under this NDA.
7. No Commitment, No Warranty
We do not accept any responsibility for or make any representations or warranties, express or implied, with respect to the accuracy or completeness of any of the Information and we shall not be liable to you for any loss resulting from the use of the Information.
Nothing in this NDA imposes on either party any obligation to enter into any other agreement or transaction.
The term of this NDA commences on your first access to Information and continues in force until such time as the Information becomes publicly known and made available through no breach of this NDA by you.
In view of the irreparable harm and damage which may be incurred by us if you breach any of the provisions of this NDA, and without prejudice to any other rights or remedies that wemay have, you acknowledge and agree that damages alone may not be an adequate remedy for violation or breach by you of the provisions of this NDA and that we shall be entitled to seek the remedies of injunction and specific performance as well as any other equitable relief for any threatened or actual breach of the provisions of this NDA by you in addition to all other remedies available at law or in equity.
You may not assign or sub-contract or delegate its rights or obligations under this NDA, in whole or in part, to any third party by operation of law or otherwise, without our prior written consent. Any attempted assignment, sub-contract or delegation that does not comply with this section shall be of no effect.
Any failure to enforce any provision of this NDA shall not constitute a waiver of such provision or of any other provision. If any provision of this NDA is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties.