Join our next Group Meeting to hear the benefits of short sea and deep sea shipping, hear how ASDA successfully use this mode of transport and have a tour of the awesome port - October 29/30th - Click here for more information.

bestLog is the European Platform for Supply Chain Management Best Practice. They have been tasked with a number of best practice workshops during their 4 years of research. The next workshop is scheduled for December 3rd in Prague and may be of interest to ELUPEG members. The emphasis in these workshops is on practical issues. more

According to Barloworld Optimus, although everybody seems to be launching environmentally friendly initiatives, it remains to be seen if these will make a difference in the grand scheme of things, or whether it’s a lot of hot air. more

ELUPEG - Confidentiality

The need for Confidentiality

In order for collaboration between organisations to take place, it is essential that information is communicated. Often such communication takes place at ELUPEG meetings. Please note that attendence at ELUPEG meetings either as a member (of any class) or otherwise implies acceptance of this Agreement. ELUPEG may, at its discretion and at any time, require a signed copy of this agreement from any member or meeting attendee.

Confidentiality Agreement

THIS NON-DISCLOSURE/CONFIDENTIALITY AGREEMENT is made on the DATE [dd MMMM yyyy] BETWEEN

The European Logistics Users, Providers & Enablers Group (ELUPEG)
And
[company name] (the Company)

THE PURPOSE of this agreement is to recognise the responsibilities of the Company and ELUPEG to respect the confidentiality of all appropriate proceedings between the Company and other ELUPEG members and officers. Implicit in this is the intent to protect the interests of all ELUPEG members working together on collaborative projects with information that may not otherwise be within the public domain

WHEREAS ELUPEG and the Company, for their own benefit and pursuant to a working relationship that has been or may be established, anticipate that either or both may have access to marketing plans, component parts, drawings, data, sketches, programmes, specifications, techniques, processes, inventions and other information of a secret nature about the other or about an associated Company/Person or a client of the other ("Information"). Such information may be received from any source, communicated orally, pictorially or in writing and may be recorded on paper, electronically or on any other storage medium.

IT IS AGREED AS FOLLOWS:

1
1.1 Each party agrees to keep the Information strictly private and confidential and, save as expressly permitted under this Agreement, not to disclose, use, copy in whole or in part or modify or adapt the Information in any way.
1.2 Each party agrees that the other may to the extent (but only to the extent) reasonably necessary to pursue the intended or actual working relationship, copy, adapt and analyse the Information incorporate the Information into reports and analysis and disclose the Information in whole or in part to its officers, partners, employees and professional advisers.

2 Each party undertakes that inasmuch as Information concerning the other becomes known to its officers, partners, employees or professional advisers, (or through its or their actions to any other person,) it will use its best endeavours at all times to procure that comply with clause 1.1 as though directly bound by it (but not with the benefit of any right of further disclosure under clause 1.2).

3 Obligations under clause 1 do not apply to, and the term "Information" shall be deemed to exclude, any information which that party can prove is in or has entered the public domain otherwise than as a result of publication or disclosure by that party or any unauthorised person in breach of this agreement.

4 If either party becomes aware that it may be required by law, regulation or order of a court of competent jurisdiction to disclose any Information it will immediately notify the other party in writing of that fact and of all relevant surrounding circumstances. The affected party will use its best endeavours to resist disclosure and to maintain the confidentiality of any Information disclosed but, subject to the foregoing, may make any disclosure of the Information required by law, regulation or order of a court of competent jurisdiction.

5 Both parties acknowledge that the supply of Information to the other will not constitute or imply any offer, contractual agreement, representation or warranty. Neither party makes any representation with respect to the accuracy or completeness of any Information, and neither is bound to disclose any Information.

6 Copyright and any other intellectual property rights in Information shall remain with the party to which, or to the associated companies or client of which, the Information relates.

7 The parties each agree to keep the existence of any evaluations, discussions and negotiations resulting from or relating to the disclosure of the Information confidential.

8 Either party may at any time require the other to return or destroy all Information and to cease all evaluation and use of Information. In that event the other party will return to it, or (as required) destroy, all documents, disks and other media recording or communicating Information and will destroy all other documents and media prepared by or for it which incorporate any Information.

9 Both parties accept that the foregoing terms and conditions govern the relations between them and take precedent over all Agreements or conditions, oral and written. It is expressly agreed by either party that any claims arising from this Agreement shall be within the jurisdiction of the courts of the country in which the complaining party is located and closest to said location. This Agreement and all the operations there under shall be governed by the laws of the country of the complaining party.

10 No variation or amendment to, or waiver of this agreement shall be effected unless in writing expressly to that effect, signed by authorised representatives of the parties.

11 The failure of either party to enforce or to exercise, at any time or for any period of time, any right under this Agreement does not constitute or imply a waiver of that right and shall in no way affect that party's entitlement later to enforce or exercise it.

12 The invalidity or enforceability of any term or of any right under this Agreement shall not affect any remaining terms and rights.

13 Each party enters into this agreement for itself and on behalf of every associated Company/Person of it, and every obligation in this agreement should be read and construed accordingly.

The parties have executed and delivered this Agreement as a deed on the date first stated above.

EXECUTED and DELIVERED by

Name: ___________________________________________________

Dated:

For and on behalf of ELUPEG

EXECUTED and DELIVERED by

Name: ___________________________________________________

Dated:

For and on behalf of (The Company)