Non-Disclosure Agreement

Modified 15 October 2019

Non-Disclosure Agreement


This Non-Disclosure Agreement (the “Agreement”) aims to protect the users of Rakuboss by preventing the unauthorized disclosure of Confidential Information as defined below. The involved parties, users (“Disclosing Party”, “Sellers and Buyers”) and Rakuboss itself (“Receiving Party”), agree to enter into this relationship with respect to the disclosure of crucial and confidential information (“Confidential Information”).

  1. Definition of Confidential Information

In this Agreement, the term ‘Confidential Information’ constitutes the personal and crucial information provided by the Disclosing Party while he or she is registered on Rakuboss. This information includes the following: 

  • All information provided by Sellers and Buyers during registration

  • All personal information provided by Sellers and Buyers when doing transactions, purchasing sidelines, and posting a request on Rakuboss

  • All information sent and received by Sellers and Buyers using the messaging feature of Rakuboss

Meanwhile, the following items or descriptions are not part of the Agreement’s definition of Confidential Information:

  • Publicly known information at the time of disclosure 

  • Information legally acquired by the Receiving Party before disclosure by the Receiving Party

  • Information gathered by the Receiving Party from a third-party source with proper authority and consent 

  1. Obligations of the Receiving Party

The Receiving Party swears to handle the Confidential Information disclosed by the Disclosing Party properly. The Receiving Party promises that:

  • Rakuboss will not disclose any Confidential Information to third-party sources, such as partner payment methods, without the consent of the Disclosing Party.

  • Rakuboss will uphold honesty, integrity, and fair dealing when handling transactions between Buyers and Sellers. Having said that, Rakuboss will apply the zero-tolerance approach to bribery and any other form of corruption when dealing with third-party companies who wish to acquire Confidential Information. 

  • Rakuboss will only disclose Confidential Information from Buyers to Sellers or vice versa with consent from the Disclosing Party and for the purpose of business. 

  • Rakuboss will only copy Confidential Information from the Disclosed Party for the purpose of business. Hence, duplicate information is also considered as Confidential Information. 

  1. Obligations of the Disclosing Party

The Disclosing Party, both Buyers and Sellers, have the following responsibility during and after registration:

  • Buyers and Sellers agree to provide Confidential Information to Rakuboss for the purpose of business

  • Buyers and Sellers who transact with other parties through Rakuboss’ messaging feature must only disclose Confidential Information related to business

  1. Management Responsibility

All parties⁠—Rakuboss, Buyers, and Sellers, agree to comply with management responsibility. In order to prevent leakage or improper handling of information, the Disclosing Party and the Receiving Party are both required to use proper, safe, and effective medium in storing Confidential Information. 

  1. Severability 

If any clause or requirement from this Agreement is invalid or unenforceable, the remainder of the Agreement should be interpreted by the Receiving Party to modify the clause. Notwithstanding the invalid or unenforceable clause, all other clauses should still be in effect. 

  1. Damages

The Receiving Party agrees that the legal or improper disclosure of Confidential Information may violate this Agreement and cause harm to the Disclosing Party that even a legal remedy can’t resolve. In the event that the Receiving Party directly or indirectly use the Disclosing Party’s Confidential Information without consent, the Receiving Party agrees to seek injunctive relief on top of monetary damages and other legal or equitable remedies. 

  1. Integration. 

This Agreement requires the Receiving Party and the Disclosing Party to completely understand the subject matter. Moreover, this Agreement takes over all prior written and verbal agreements, representations, and understandings made by Rakuboss. This Agreement may only be updated and modified by the Receiving Party, provided that the Disclosing Party has been notified of the changes. 

  1. Effectivity

This Agreement shall survive the expiration of the Disclosing Party’s relationship to Rakuboss and the Receiving Party's duty to hold Confidential Information. Meaning, Rakuboss will still protect the Disclosing Party’s Confidential Information even if he or she is no longer using Rakuboss. This Agreement will remain valid until the Confidential Information is no longer a mutual secret or until the Disclosing Party allows the Receiving Party to release the Confidential Information.