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A Non-Disclosure Agreement (also known as an NDA or Confidentiality Agreement) is an agreement between two parties that protects confidential information from being disclosed. 

They allow parties to reveal confidential information to help facilitate a commercial transaction e.g. buying a business. 

If a party breaches a Non-Disclosure Agreement, a party may take legal action. 

Before you reveal confidential or sensitive information to someone, you should sign a Non-Disclosure Agreement. 

When should you use a Non-Disclosure Agreement? 

• Buying or selling a business 
• Working with confidential or sensitive information 
• Hiring an employee or contractor 
• Negotiating a contract with another business 
• Pitching to investors 
• Sharing commercially sensitive information with suppliers or partners 

Do I need an NDA to protect my confidential information? 

You bet! 

If you want to protect your ideas, trade secrets or sensitive information from being copied or stolen, a Non-Disclosure Agreement is essential. 

Even if you’re just in early discussions with another party, you should get a Non-Disclosure Agreement signed to be safe. 

What does this Non-Disclosure Agreement template include? 

Our template covers everything you need to keep your information secure: 

• Parties – who the agreement is between 
• Confidential Information – the types of confidential information
• Confidentiality Obligations – the obligations of the parties to keep the confidentiality information confidential 
• Disclosure – rules around disclosing the confidential information 
• Non-compete – to prevent the recipient from using the confidential information to compete with the disclosing party 
• Return on Request – either party can request for the other party to return or destroy the confidential information it  
• Signing – electronic signing of the agreement permitted in some states 
• Indemnity –reimbursement of loss and damage where the recipient breaches the agreement 
• Jurisdiction – governing laws for the agreement 

 How long does this NDA last? 

Our Non-Disclosure Agreement lasts indefinitely. This means that once the business transaction is complete, parties are still bound by their obligations. This protects your confidential information. 

Is this Non-Disclosure Agreement template legally binding? 

It sure it! 

What are Website Terms of Use? 

Website Terms of Use set out the rules people must follow when using your website. They are designed to protect you from the risks associated with running a website and protecting your intellectual property. 

Our Website Terms of Use template includes rules about what visitors can and can’t do on your website. 

It also includes a disclaimer to limit your liability for any loss incurred by someone relying on your website’s information. 

 These terms and conditions are to be used for Australian websites, and can be used for any industry! 

Do I need Website Terms of Use on my website? 

We highly recommend this if your business has a website for 3 reasons 

1. Limit your liability – you need to protect your business against claims or damages if a website visitor ever decides to make a claim against you. 
2. Protect your Intellectual Property –stop people from copying your content!
3. Keep control of YOUR website –make sure you can moderate what happens on your website, how people interact with it and what is allowed.

  What does the Website Terms of Use template cover? 

This Website Terms of Use template covers: 

• Use of website – rules for using the website, including things that are not permitted 
• Intellectual property – protects your intellectual property rights 
• Disclaimer–protects you against claims in relation to use of your website (e.g. viruses or relying on information) 
• Changes to Terms – includes any update Website Terms of Use 
• Complaints – Provides avenue for contacting you

Where should I publish my Website Terms of Use? 

Once you have completed our Website Terms of Use template, you can publish it on your website as a new page and link to it in the footer. 

Is this Website Terms of Use template legally binding? 

Yep! Sure is 

You are legally required to comply with the Privacy Act 1988 (Cth)  if you meet these conditions: 

• annual revenue of  over $3 million; 
• health service providers; 
• operators of a residential tenancy database (e.g. a real estate agent); and  
• contractors providing services under a Commonwealth contract.  

Even if you don’t come under this list, it is still best practice to have a privacy policy in place if you collect any information from website visitors.

The Privacy Act 1988 (Cth) (Privacy Act) protects individuals’ privacy in Australia. It also regulates how Australian Government agencies and some other organisations, handle personal information. 

The Privacy Act includes 13 Australian Privacy Principles (APPs), which apply to some private sector organisations and most Australian Government agencies. These are collectively referred to as ‘APP entities’. The Privacy Act also regulates the consumer credit reporting system, tax file numbers, and health and medical research.