Confidentiality
The Parties agree to :
1.1 take all precautions necessary to prevent disclosure of any Confidential Information of the other Party;
1.1.1 not use or attempt to use any of the Confidential Information in any manner which may injure or cause loss either directly or indirectly to the other Party.
1.1.2 not disclose any Confidential Information to any person other than as directed by
the other Party or in the usual course of engagement;
1.1.3 not use any Confidential Information for the Party’s own benefit or the benefit of
any other person; and
1.1.4 Use Confidential Information solely in accordance with this Agreement.
1.2 This clause does not apply to any Confidential Information that:
1.2.1 is publicly available at the Commencement Date;
1.2.2 becomes publicly available during the Term or after the Termination of this
Agreement without breach of this Agreement by the Party;
1.2.3 was already in the Party’s possession (as evidence by writer records) at the
Commencement Date; or
1.2.4 A Party is obliged by law, or required for the purposes of complying with taxation
requirements, to disclose.
1.3 If a Party is obliged by law to disclose any Confidential Information of the other Party, that Party must immediately notify the other Party of the actual or anticipated requirement and use all lawful means to delay and withhold disclosure until the other Party has had a reasonable opportunity to oppose disclosure by lawful means.
2. Law and Jurisdiction
The validity, construction and performance of this Privacy Policy shall be governed and interpreted according to the laws of Western Australia and Worldpool Pty Ltd and the Candidate consent and submit to the jurisdiction of the Courts of Western Australia and of the Commonwealth of Australia.