By completing and submitting the registration form for the ISAT in 2022 located at https://isat.acer.org You are offering to enter into a legal agreement with the Australian Council for Educational Research Ltd (ABN 19 004 398 145) (ACER).
The TERMS AND CONDITIONS which will apply to Your application for registration and to Your registration to participate in the ISAT in 2022 are contained in this Booklet, including this Legal Notice and the online legal declaration you complete. The Terms and Conditions cover, amongst other things, Your sitting of the ISAT, payment of the registration fee, refunds of fees, access to ISAT preparation materials and release of the ISAT results.
Before lodging Your Registration, You should make sure You understand fully and are familiar with the contents of this Booklet, including this Legal Notice and the online declaration.
You may have legal rights and guarantees under certain laws including the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time). If the publication of this Booklet or Your registration for or participation in the ISAT in 2022 involves a supply of goods or services to a consumer within the meaning given in those laws, nothing contained in this Booklet excludes, restricts or modifies the application of any consumer guarantee provided in those laws, the exercise of any right or remedy in respect of, or the imposition of any liability for the failure to comply with any relevant guarantee.
Subject to point 4:
the ISAT is a selection tool used by certain educational institutions and your results in respect of ISAT may not be used or relied on for any other purpose;
To the maximum extent permissible by law (and for the avoidance of doubt, subject to any guarantees, rights, remedies or obligations which cannot be excluded, restricted or modified under certain laws including the Australian Consumer Law), ACER expressly, irrevocably and totally disclaims any liability whatsoever for any loss or damage whatsoever and howsoever arising in connection with or resulting from: Your participation (actual, potential, contemplated or cancelled for any reason whatsoever) in ISAT; and Your test results, including, but not limited to, any representations made by ACER or its personnel (including agents, subcontractors and consultants) in respect of ISAT and the accuracy of any information contained in this Booklet;
To the fullest extent permitted at law, You acknowledge and accept that the entire risk of Your participation in ISAT is assumed by You and that ACER will have no liability whatsoever to You for any loss, harm, damage, cost or expense (including legal fees) or any direct, special, indirect, incidental, punitive or consequential loss or damage (including, without limitation, economic loss, loss of contract, profit, revenue, income, opportunity, goodwill, information, anticipated savings, business relationships, production or data) whatsoever and howsoever arising;
You acknowledge and accept that, to the fullest extent permitted at law, ACER gives NO WARRANTY or guarantee and makes no representation whatsoever that: registering for or sitting the ISAT will guarantee You or secure for You a placement with an educational institution; or that You will be provided with Your ISAT Results (other than in strict accord with this Agreement).
Subject to the Australian Consumer Law and, otherwise to the fullest extent permitted at law, You release and fully indemnify ACER, its officers, employees and agents from and against all claims, liabilities, costs, demands and expenses whatsoever caused by you and howsoever arising from or in connection with:
Your registration for or participation (actual, potential, contemplated or cancelled) in the ISAT; or
Any breach by You of the terms and conditions of Your participation (actual, potential, contemplated or cancelled) in the ISAT; or
Any misconduct by you in relation to the ISAT.
These releases and indemnities survive Your participation (actual, contemplated, potential or cancelled) in the ISAT and whether or not You are offered or accept a placement with any educational institution for any course whatsoever. In the event that any law implies terms or guarantees into the offering or conduct of the ISAT which cannot be lawfully excluded, restricted or modified, such terms or guarantees will apply, save that the liability of ACER for breach of any such term or guarantee will, to the extent legally permitted, be limited to the refund of the price paid for any relevant goods or services.
ACER has made every effort to ensure the accuracy of the information provided in this Booklet. However, from time to time, due to changed circumstances ACER may need to change the arrangements concerning the administration of the ISAT and ACER (without amending your legal obligations or remedies) reserves the right to alter or amend any detail contained in the Booklet in its absolute and unqualified discretion. Any alteration or amendment will take effect immediately upon publication of the alteration or amendment on https://isat.acer.org
By completing and submitting the ISAT registration form:
You confirm that You have read in its entirety and accept the contents of this Booklet, including the Legal Notice and the online declaration.
You confirm Your agreement with the terms and conditions contained in this Booklet and the online declaration.
You acknowledge that You have been entitled to obtain legal advice concerning any matter covered in this Booklet, whether or not You have in fact sought any legal advice.
You acknowledge and accept that this Booklet and the online declaration contains the entire agreement between You and ACER concerning Your participation in the ISAT in 2022 and that no matter, information or representation not expressly contained in this Booklet and the online declaration has induced You or had any bearing on You to seek registration for the ISAT in 2022.
You accept and unconditionally undertake to strictly comply with the terms and conditions contained in this Booklet and the online declaration.
You acknowledge and accept that Your agreement with ACER will be governed by the laws of the State of Victoria, Australia.
You submit to the jurisdiction of the Courts chosen by ACER and any of the Courts of Appeal therefrom to determine any dispute (whether as to the interpretation of Your agreement with ACER, or any matter concerning performance or compliance of the agreement or otherwise) or to determine any claims brought or made against You by ACER or its authorised nominee.