CONFIDENTIALITY AGREEMENT

To access the members section please carefully read the confidentiality agreement and click accept at the bottom of this page.

Confidentiality and privacy in respect of sensitive and confidential information is important to NWIC Action Limited, a limited liability company incorporated in England and Wales with company number 09539827 (“NAL”) and NAL

We understand that it is also important to you.
 

By clicking accept you confirm that:

  • You have read and understand the below terms of confidentiality;

  • You accept such terms and agree to comply with them;

  •  You agree that information you receive from NAL will be confidential information which you will not copy, disclose or permit to be made available in any way or use except as expressly permitted in the below terms.


You, NAL (together the “Parties” and each a “Party”) acknowledge and agree that:

1. In connection with the legal proceedings (which expression shall include, without limitation, court proceedings, arbitration, mediation or other forms of alternative dispute resolution) you have commenced or are contemplating commencing in respect of your actual or potential cause of action/s as covered by the Membership agreement entered into between the parties leading to an actual or potential recovery of damages, debt or other financial compensation (the “Claim”); the Parties have shared or will share information with each other, including:

  • documents, material, communications, discussions, correspondence, instructions to counsel, legal and other advice, and other information obtained and/or prepared in connection with the Claim (any of which may comprise your “personal data” (being recorded information from which you can be identified, such as contact and investment details), (the “Confidential Information”)

There exists between the Parties a mutuality of interest in relation to the Claim which is, and will continue to be, the subject of common interest privilege within the meaning of English law.

3. The purpose of these terms is to confirm the basis upon which the Parties will operate to:

  • ensure that they preserve confidentiality in relation to all Confidential Information and any further documents or information agreed as between the Parties to be subject to these terms (the “Relevant Material”);
    and
  • avoid any waiver of confidentiality, common interest privilege, or all or any other applicable privileges pertaining to the Relevant Material. 

4. Unless otherwise expressly agreed in advance and in writing by NAL:

  • you will hold the Relevant Material and all of its contents in confidence and will not copy, disclose or permit it to be made available to any person, firm or company (save if and to the minimum extent it is required to do so by applicable law, regulation or by a court of competent jurisdiction);
    and
  • the Relevant Material shall remain confidential to the fullest extent permitted by applicable law and be protected from disclosure by common interest privilege and all other privileges that may apply.

5. You will immediately inform NAL of any request or order made pursuant to applicable law or regulation or by a court of competent jurisdiction for disclosure by it of any Relevant Material or any of the information contained therein (save where by informing the disclosing Party, the disclosing Party would contravene any law or regulation).

6. The sharing or disclosure of Relevant Material between the Parties or otherwise in accordance with these terms shall not constitute a waiver of common interest privilege, legal professional privilege, litigation privilege or any other privilege that may apply; and no other provision of these terms shall be construed to operate as a waiver of any such privileges.

7. In the event of a breach of the obligations set out in these terms it is agreed that a Party, in addition to any other remedy to which it may be entitled, shall be entitled to apply for an injunction or injunctions to prevent breaches of the obligations set out in these terms and to compel specific performance without the need for proof of actual damage.

8. Should the mutuality of interests referred to in paragraph 2 above end at any time, each Party who has received Relevant Material will immediately return, save to the extent that such Party is required by applicable law or regulation to retain any of such Relevant Material and any copies of such material, to each Party who has disclosed such Relevant Material, all copies of such material in the possession or control of the returning Party.

9. Nothing in these terms makes a Party a partner, agent or legal representative of any other Party, except as expressly stated in these terms, and their liability in each case is separate and not joint and several.

10. Should: (i) any competent authority indicate that these terms will only be exempt from, or fall outside the scope of, any applicable laws or regulations if it is amended in one or more aspects; or (ii) any provision of these terms is discovered or declared by any competent authority to be legally void or unenforceable, then that provision shall be deemed for all purposes to be severable from all other provisions of these terms, which provisions shall continue in force unaffected.

11. These terms and all non-contractual obligations relating to, or arising in connection with, it are governed by, and shall be construed in accordance with, the laws of England and Wales.

12. Each Party submits to the non-exclusive jurisdiction of the courts of England and Wales. Each Party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.


Your agreement to comply with and be bound by the above terms is deemed to occur upon you clicking on the “Accept” button at the foot of these terms. You must not click accept if you do not agree to these terms.