I confirm that I am an Authorised Officer of the Company mentioned above and the information I have provided are accurate and true.
In consideration of EDBI’s processing of our information, the sufficiency of which we expressly acknowledge, we hereby undertake and agree that:
- we will (i) keep all written or verbal information, correspondence and material relating to the submission of this contact form (“Contact Form”) whether disclosed by EDBI or ourselves, including all discussions or negotiations between us and EDBI (or the existence of such discussions or negotiations) in connection with the submission of this Contact Form (“Confidential Information”) confidential and not disclose to anyone the Confidential Information without first obtaining the prior written consent of EDBI (except as provided for by paragraph (b) below) and (ii) ensure that the Confidential Information is protected with security measures and a degree of care that would apply to our own confidential information;
- we will refrain from disclosing any Confidential Information to any person other than: (i) our employees, directors and advisors on a need-to-know and confidential basis provided that they comply with this undertaking and we remain responsible for any breach by them; (ii) to the extent that such Confidential Information is in the public domain other than by breach of this undertaking; or (iii) to the extent that such Confidential Information must be disclosed by requirement of law in which case we shall if practicable first give EDBI prompt written notice thereof and an opportunity to consider whether there are appropriate grounds to object to such production and if so, EDBI shall have the right to appear before the requesting authority to object to such production and we agree to co-operate fully with EDBI in seeking any protective order;
- we will, on request from EDBI, return all copies and records of the Confidential Information to EDBI and will not retain any copies or records of the Confidential Information; and
- there is no adequate remedy at law for any breach of this undertaking, which breach may result in irreparable harm to EDBI and therefore, upon any such breach or threatened breach, EDBI shall be entitled to obtain immediate equitable relief to enjoin any breach of this undertaking, as well as the right to pursue any and all other rights and remedies available at law or in equity for such breach.
We further understand and agree that none of the Confidential Information disclosed by EDBI to us shall be construed as an indication of interest of EDBI in any way, whether binding or not, to provide us with any financing.
This undertaking shall be governed and construed in accordance with the laws of Singapore.
Personal Data Protection Act
We acknowledge that in order for EDBI Pte Ltd and/or its affiliated companies (“EDBI”) to evaluate the Company’s eligibility for any potential investment or partnership (the “Review”), EDBI may collect, use, process and disclose personal data of individuals (shareholders, directors, executives, officers, consultants, employees and other parties) connected to and/or related to the Company (“Personal Data”), including Personal Data provided in this Contact Form, and we hereby consent to such collection, use, processing and disclosure by EDBI. We undertake that we have obtained the consent of individuals whose Personal Data are being or will be disclosed, for the (i) disclosure of Personal Data by the Company to EDBI, (ii) collection, use and processing by EDBI of such Personal Data, and (iii) transfer of Personal Data to another country and/or storage on servers that are outside of Singapore, all for the purposes of the Review, potential investment and monitoring thereof, if consummated.