Merchant Banker Non-Disclosure Agreement
This Non-Disclosure Agreement (the "Agreement") is made between getyouripo.com, Mumbai, Maharashtra, India ("GetYourIPO"), and the Merchant Banker firm named when registering on getyouripo.com (the "Banker"). It takes effect on the date the Banker submits the registration form with the NDA box ticked and a signatory name entered (the "Effective Date"). The Banker's electronic acceptance is treated as its signature.
1. Confidential Information
"Confidential Information" means all information that GetYourIPO or any company or advisor introduced through GetYourIPO makes available to the Banker, in any form, including anonymised teasers, financial information, the identity and contact details of any company or person, business plans, and any notes or analysis the Banker prepares from them. It does not include information that is or becomes public without breach of this Agreement, was already lawfully known to the Banker without any duty of confidence, or is independently developed by the Banker without using the Confidential Information.
2. Obligations
- The Banker will use Confidential Information only to evaluate whether to engage with the relevant company.
- The Banker will keep it confidential, protect it with at least reasonable care, and not disclose it to anyone other than its own directors, employees and professional advisers who need to know it and are bound by equivalent duties of confidence. The Banker is responsible for any breach by them.
- The Banker will not try to work out the identity of an anonymised company by any means other than the disclosure made to it by GetYourIPO with the company's consent.
- Where the Banker is required by law, regulation or court order to disclose Confidential Information, it will, where permitted, tell GetYourIPO first and disclose only what is required.
3. Introductions through GetYourIPO
For 12 months after the Banker first receives information about a company through GetYourIPO, the Banker will not approach that company, or its promoters, for an IPO or similar mandate other than through GetYourIPO, unless the company approached the Banker independently before that information was received.
4. No obligation; no warranty
Nothing in this Agreement obliges either party to enter into any transaction. Confidential Information is provided without warranty of accuracy or completeness. GetYourIPO is not a Merchant Banker and gives no advice.
5. Return and deletion
On request, the Banker will promptly delete or return Confidential Information and confirm that it has done so, except for copies it must keep by law or under its regulatory record-keeping duties, which stay subject to this Agreement.
6. Term
This Agreement applies to Confidential Information received while the Banker's registration is active, and the duties in it continue for two (2) years after the Banker's last receipt of Confidential Information (and, for information that is a trade secret, for as long as it remains one).
7. Remedies
The Banker accepts that breach of this Agreement may cause harm for which damages alone are not enough, and that GetYourIPO and the affected company may seek injunctive relief in addition to other remedies.
8. General
This Agreement is governed by the laws of India. The courts at Mumbai have exclusive jurisdiction. It is the entire agreement on its subject and can be changed only in writing. Electronic acceptance is binding under the Information Technology Act, 2000. The person accepting for the Banker confirms they are authorised to bind it.
9. Contact
getyouripo.com
Mumbai, Maharashtra, India
contact@getyouripo.com