We are a specialised commercial loan aggregator with a next generation fintech inspired backbone and online loan facilitation platform.
Your business finance specialist; we have all your business finance needs covered with our comprehensive range of business finance packages available.
Your independent and flexible funding source for all of your commercial finance needs. We have a wide range of commercial finance options available to suit your
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Bridging finance is short term finance designed to get you out of a short term liquidity problem. It can be for anywhere between 3 to 12 months, providing the necessary time to implement your exit strategy.It can be used in any type of situation
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As a preferred private funding source for some of the major banks, access to large capital tranches affords us a key point of difference in the Australian market, with amounts extending more than 10M. We assist property developers and other property clients
Acumen is pleased to offer a wide suite of products to compliment your business objectives.
We are a specialised commercial loan aggregator with a next generation fintech inspired backbone and online loan facilitation platform.
Please find useful finance forms and resources below.
THIS NCNDA is made effective today referred with the details you have submitted in the form
ACUMEN ADVISORS PTE. LTD.
19 Keppel Road #03-05 Jit Poh Building
The Recipient has requested the Discloser to disclose for the potential commercial benefit of the Discloser and the Recipient, Confidential Information.
The Discloser and the Recipient have agreed freely and voluntarily to enter into this Deed as set out below.
In this Deed:
“Transaction” means a transaction the Discloser and the Recipient agree in writing from time to time will be considered a Transaction(s) entered or proposed to be entered by the Recipient, directly or indirectly, as a result of the disclosure by the Discloser to the Recipient of Confidential Information under this Deed;
“Confidential Identities” without limiting the meaning of “Confidential Information” for the purposes of this Deed, means all those persons or entities disclosed by the Discloser to the Recipient at any time after the Deed Date, but the term excludes Excluded Identities;
“Confidential Information” means all information concerning the Transaction, of a confidential character whether or not such information is in a written or non-written form, including without limitation:
The identities and details of Confidential Identities;
Financial service providers and underwriters or investors
Information concerning clients;
Information generally associated with the Discloser;
but excludes information about Excluded Identities or information created by the Recipient (whether alone or jointly with any other person) independently of the Discloser’s Confidential Information (if the Recipient has evidence in writing that the information falls within this exception);
“Excluded Identities” means those parties with whom the Recipient enters a Transaction during the Term but the Recipient:
has entered another transaction, within the previous twelve months of the date the Discloser discloses to the Recipient the Confidential Information, being the contact details of a person or entity who would otherwise be a Confidential Identity; or
is negotiating a transaction, at the date the Discloser discloses to the Recipient the contact details of a person who would otherwise be a Confidential Identity, and the Recipient, within seven days after the date of disclosure by the Discloser to the Recipient of the Confidential Information, gives written notice to the Discloser the Confidential Information contains details of an Excluded Identity;
“Term” means the period starting on the date of execution of this Deed and ending on the date five years after the date of the last disclosure of Confidential Information to the Recipient by the Discloser.
In this Deed, unless the context otherwise requires:
(a) a reference to a document includes drawing, specification, material, record and any other means by which the Confidential Information may be stored or reproduced: and
(b) words importing the singular include the plural and vice versa; and
(c) a reference to a person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa.
The Recipient hereby acknowledges and agrees the Confidential Information is secret and confidential to the Discloser and is a valuable business asset of the Discloser.
The Recipient must not during the Term directly or indirectly, without the prior written consent of the Discloser, use, disclose, publish or permit the use, disclosure or publication of the Confidential Information to any person other than in accordance with this Deed.
The Recipient acknowledges the duration and extent of the obligations and undertakings of the Recipient under this Deed are no greater than are reasonably necessary to protect the Discloser’s interest in the Transaction.
4. Permitted Use and Disclosure of Confidential Information
(a) The Recipient may only use the Confidential Information in the proper course of business for the benefit of the Discloser.
(b) The Recipient may prepare documents incorporating part of the Confidential Information only in the ordinary course of its business, whether or not the Confidential Information is combined with any other information.
(c) If the Recipient is not a natural person, the Recipient may disclose the Confidential Information to only those officers and employees of the Recipient who have a specific need to have access to the Confidential Information in accordance with the contractual arrangement between the Recipient and the Discloser and who have been made aware of the terms upon which the Confidential Information has been disclosed to the Recipient.
(d) The Recipient is liable for and indemnifies the Discloser in respect of any claim, action, damage, loss, liability, cost, expense or payment which the Discloser suffers or incurs or is liable for as a result of or in respect of a breach of this Deed or any infringement of the Discloser’s rights in respect of the Confidential Information (except where those rights are not known to the Recipient or where the infringement of those rights is in accordance with this Deed) by the Recipient or by any person referred to in clause 4(c) or by any person who directly or indirectly receives Confidential Information from any person referred to in clause 4(c).
5. Operation of this Deed
Clauses 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Deed continue without limitation but do not apply to any part of the Confidential Information that:
(a) the Recipient is required to disclose by any applicable law or legally binding order of any court, government, semi-government, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity acting within its powers; or
(b) was provided to the Recipient (without restriction as to its use or disclosure by the Recipient) by a third party whom the Recipient knows is legally entitled to possess the Confidential Information and provide it to the Recipient.
6. Recipient’s Covenants
The Recipient must:
(a) use the Confidential Information only in accordance with this Deed;
(b) keep the Confidential Information secure and secret and protect the Confidential Information from unauthorised use, disclosure, access, damage or destruction;
ensure that each officer or employee of the Recipient to whom disclosure is made pursuant to this Deed keeps the Confidential Information secure and secret and protects the Confidential Information from unauthorised use, disclosure, access, damage or destruction;
not, without the prior written consent of the Discloser, reproduce or permit the reproduction in any form of any part of a document or other record which contains, is based on or utilises the Confidential Information, other than in the ordinary course of undertaking work on behalf of the Discloser, whether as employee or contractor, as the case may be; and
inform the Discloser of the details of any person to whom the Recipient discloses Confidential Information.
7. Return of Documents
If requested by the Discloser, the Recipient must immediately return or give to the Discloser, or destroy as the Discloser directs, all original documents containing any Confidential Information and any copies of those documents.
8. Remedy for Breach
The Recipient acknowledges that damages may be inadequate compensation for breach of this Deed and, subject to the court’s discretion, the Discloser may restrain, by an injunction or similar remedy, any conduct or threatened conduct which is or will be a breach of this Deed.
The preceding clause shall not limit the Discloser from seeking damages in addition to other legal remedies.
The Recipient indemnifies the Discloser against all liability or loss arising directly or indirectly from and any costs, charges and expenses incurred in connection with any breach of this Deed.
9. Converting Disclosed Commercial Activities for Personal Advantage and Non- Circumvention
9.1 The Recipient shall not without the consent of the Discloser directly or indirectly solicit, canvass or approach the Confidential Identities or the parties disclosed by the Discloser being Confidential Information under this Deed for the purpose or purposes including the circumvention of the intention of this Deed or for a service offered or promoted by the Discloser during its conduct of the Transaction, without written consent from the Discloser and if this clause is breached, the Discloser may elect and demand by way of compensation, the greatest of:
(a) damages which ordinarily and consequentially flow to the Discloser by reason or such breach;
(b) any fee(s) payable as a result of the Recipient entering into the Transaction.
9.2 The Recipient must not convert any existing or proposed commercial activity disclosed to the Recipient by the Discloser for its own business or personal advantage which would otherwise circumvent any clause, obligation or spirit of this Deed or otherwise exploit directly or indirectly for its own personal advantage any Confidential Information obtained from the Discloser without the consent from the Discloser.
10. Exclusion of Liability
(a) The Discloser does not make or give any representation, warranty or assurance, express or implied, that the Confidential Information or any part of it is accurate or complete or has been audited or independently verified or that reasonable care has been taken in preparing the Confidential Information.
(b) The Discloser is not under any obligation to update the Confidential Information or to notify the Recipient if it becomes aware of any inaccuracy, incompleteness or change in the Confidential Information.
(c) The Recipient agrees that it will make its own assessment and evaluation of the Confidential Information.
(a) Waiver of any right arising from a breach of this Deed or of any right, power, authority, discretion or remedy arising upon default under this Deed must be in writing and signed by the party granting the waiver.
(b) A failure or delay in exercise, or partial exercise, of:
a right arising from a breach of this Deed; or
a right, power, authority, discretion or remedy created or arising upon default under this Deed, does not result in a waiver of that right, power, authority, discretion or remedy.
(c) A party is not entitled to rely on a delay in the exercise or non-exercise of a right, power, authority, discretion or remedy arising from a breach of this Deed or on a default under this Deed as constituting a waiver of that right, power, authority, discretion or remedy.
(d) A party may not rely on any conduct of another party as a defence to exercise of a right, power, authority, discretion or remedy by that other party.
(e) This clause may not itself be waived except by writing.
A variation of any term of this Deed must be in writing and signed by the parties.
13. Multiple Parties
Where the Recipient consists of more than one party each of those parties is bound jointly and severally by the terms of this Deed.
14. Enquiries Regarding Confidential Information
If the Recipient receives any enquiries from any person in relation to any information governed by this Deed, the Recipient shall immediately notify the Discloser in writing of the enquiry and the only response to be made to any such enquiry shall be to the effect that such information is confidential.
15. Binding Nature
This Deed shall bind all parties upon its first execution irrespective of whether any other party has entered into the Deed.
16. Governing Law
This Deed is governed by the law in force in the State of Queensland and each party irrevocably and unconditionally submits to the jurisdiction of the courts of the State of Queensland.
Retention of rights
17. I The rights, powers and remedies provided in this Deed are cumulative with and not exclusive of the rights, powers or remedies provided by the law and in equity independently of this Deed.
Exercise of rights
17.2 A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a parry does not prevent a further exercise of that or of any other right, power or remedy. Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise.
Survival of indemnities
17.3 Each indemnity in this Deed is a continuing obligation, separate and independent from the other obligations of the Recipient and survives termination of this Deed.
Enforcement of indemnities
It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by this Deed.
If there is more than one agreement entered by the Discloser and the Recipient, nothing in those other agreements is intended to lessen or alter the rights of the Discloser under this Deed, and the provisions of this Deed shall prevail to the extent of any inconsistency, unless the other agreement is executed later in time and expressly provides for it to be paramount.