This Confidentiality & Non-Disclosure Agreement (“Agreement”) is entered into between:
Program Provider: EmpowerBeyond Pty Ltd (“Provider”)
Participant: Any person or entity making payment to enrol in the Program (“Participant”)
Program: Business Growth Program (“Program”)
By making payment for participation in the Program, the Participant acknowledges and agrees to be bound by the terms of this Agreement.
1. Purpose
The Participant is enrolling in the Program to access business mentoring, training, and community learning. During the Program, participants and the Provider may disclose sensitive and confidential information. This Agreement ensures that such information remains protected and used only for its intended purpose.
2. Definition of Confidential Information
“Confidential Information” includes (without limitation):
- Business plans, operations, strategies, or financial details;
- Trade secrets, know-how, or intellectual property;
- Marketing or sales processes;
- Client, supplier, or pricing information;
- Personal, business or sensitive information shared by participants (including goals, challenges, and experiences);
- Any materials, templates, or resources provided as part of the Program.
Confidential Information does NOT include information that:
a) Is or becomes public through no fault of the Participant;
b) Was lawfully known before disclosure;
c) Is independently developed without use of Confidential Information;
d) Must be disclosed by law, provided reasonable notice is given to the disclosing party.
3. Participant Obligations
The Participant agrees that all information shared during the Program is to be treated as strictly confidential and intended for their own business use only. Confidential Information must not be disclosed, copied, or distributed to any third party, other than to the Participant’s own staff where necessary for business purposes. The Participant must also take reasonable steps to protect Confidential Information from unauthorised access, disclosure, or use.
4. Permitted Disclosure
Disclosure of Confidential Information may only occur:
- With the express written consent of the disclosing party;
- When required by law, court order, or regulatory authority, with notice given to the disclosing party.
5. Intellectual Property
All Program content—including training materials, videos, templates, and resources—remains the exclusive property of the Provider. Participants are granted a limited licence to use Program content for their own business only. Reproduction, resale, or distribution is prohibited without written consent.
6. Consequences of Breach
Any breach of this Agreement may result in:
- Immediate removal from the Program without refund;
- Loss of access to Program materials and communities;
- Legal action to recover damages, costs, and equitable remedies.
7. Term
This Agreement takes effect automatically upon payment for the Program.
It remains in force for the entire duration of the Participant’s involvement in the Program. All information shared during the Program is to be treated as strictly confidential and intended for member use only. Sharing confidential information (other than with your staff for use within your own business) is strictly prohibited. Any breach of this obligation may result in immediate dismissal from the Program without refund, and loss of access to Program materials and communities.
8. Governing Law
This Agreement is governed by and construed in accordance with the laws of Australia, and each party submits to the non-exclusive jurisdiction of the courts of Australia.
9. Acknowledgement
By making payment for enrolment in the Program, the Participant acknowledges that they have read, understood, and agreed to this Agreement. No physical signature is required—acceptance is deemed upon payment.